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ashraqat44 · 4 days ago

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Appeals

As you navigate the intricate world of legal proceedings, you might not be aware of the complex dance of strategies and nuances that define the world of appeals. From the meticulous crafting of appellate briefs to the art of persuasive oral arguments, every step in the process holds the potential to sway the outcome of your case. But did you know that there's a lesser-known aspect that can greatly impact the success of your appeal? Stay tuned to uncover this critical element that could be the key to achieving a favorable verdict in the appellate courts.

Key Takeaways

Understanding harmless error is crucial for appeal success.

Proper preservation of issues essential for appellate review.

Steps from notice of appeal to court of appeals.

Importance of accurate transcript and demonstrating prejudice.

Filing petition for writ of certiorari for Supreme Court review.

Understanding the Appeals Process

To navigate the intricate legal landscape of appeals effectively, you must have a thorough understanding of the appeals process as outlined in the Utah Rules of Appellate Procedure and the Utah Rules of Civil Procedure. When considering an appeal, it is important to comprehend the steps involved in moving a case from the district court to the court of appeals in Utah.

Piercing the Corporate Veil

One key aspect to grasp is the concept of harmless error. According to Rule 11 of the Utah Rules of Appellate Procedure, harmless error occurs when an error, defect, irregularity, or variance does not affect substantial rights. Understanding what constitutes harmless error can impact the success of an appeal significantly.

Another essential element is the preservation of issues for appeal. Rule 24 of the Utah Rules of Appellate Procedure emphasizes the importance of raising objections, making motions, or presenting arguments in the trial court to make sure that issues are preserved for appellate review. Failure to preserve issues properly may result in those issues being waived on appeal.

Grounds for Filing an Appeal

Grounds for filing an appeal encompass a range of legal bases on which a party may seek review of a lower court's decision in Utah. When contemplating whether to file an appeal, it is important to understand the specific grounds that justify such action. Here are some key points to keep in mind:

Notice of Appeal: One of the initial steps in filing an appeal is submitting a formal notice of appeal to the appropriate court, as per Rule 3 of the Utah Rules of Appellate Procedure.

Transcript: Ensuring an accurate record of the proceedings is crucial. Rule 11 of the Utah Rules of Appellate Procedure outlines the requirements for preparing the transcript for the appellate court.

Prejudice: Demonstrating that the lower court's decision was prejudicial and had a significant impact on the outcome of the case is a common ground for filing an appeal.

Petition for Writ of Certiorari: If seeking review by the Utah Supreme Court, filing a petition for a writ of certiorari is necessary to request the court's review of the lower court's decision.

Legal Errors: Identifying legal errors, such as misapplication of the law or procedural errors, can also form the basis for an appeal. It is essential to cite specific rules or statutes that were allegedly misinterpreted or overlooked.

Understanding these grounds is essential when contemplating whether to pursue an appeal in Utah.

Preparing for Appellate Review

When considering preparing for appellate review in Utah, it is essential to meticulously adhere to the procedural requirements outlined in the Utah Rules of Appellate Procedure and the Utah Code. Appellate review involves a higher court reviewing a lower court's decision to determine if any errors were made. The appellate court conducts a de novo review of the case, meaning it looks at the case with a fresh perspective and does not give deference to the lower court's judgment.

To initiate the appellate process, the party seeking review must file a notice of appeal within the specified timeframe as per Rule 3 of the Utah Rules of Appellate Procedure. Subsequently, the appellant must file a docketing statement, as required by Rule 4, to provide essential case information to the appellate court.

Moreover, preparing persuasive appellate briefs is vital. An appellant's brief must present arguments supported by legal authority and facts to convince the appellate court to reverse the lower court's decision. Conversely, the appellee's brief aims to uphold the lower court's judgment by demonstrating why it was correctly decided. Each brief must adhere to the formatting and content requirements outlined in Rule 24 of the Utah Rules of Appellate Procedure.

The Role of Oral Arguments

Oral arguments play an essential role in the appellate process, providing an opportunity for litigants to present their case directly to the appellate court. During oral arguments, you have the chance to address the judges, clarify legal points, and counter any questions they may have. Here are five key aspects of the role of oral arguments in the appellate process:

Clarification: Oral arguments allow you to elucidate complex legal issues or nuances that may not have been fully understood from the written briefs alone.

Persuasion: It is your opportunity to convincingly argue your position, highlighting key facts and legal principles to sway the judges in your favor.

Question Answering: The judges may have specific questions they want you to address, and oral arguments give you the chance to directly respond to these queries.

Rebuttal: You can use oral arguments to counter points made by the opposing party, strengthening your own position and undermining theirs.

Time Limit: Be mindful of the time constraints set by the Utah Rules of Appellate Procedure; effective time management during oral arguments is crucial to ensure you cover all essential points.

In both civil appeals and administrative agency appeals, the oral arguments stage is a critical juncture in the appellate process, where your advocacy skills and legal knowledge are put to the test.

Potential Outcomes of Appeals

Upon review of the appellate process, the potential outcomes of appeals are varied and can greatly impact the final resolution of a case. When it comes to a juvenile court appeal, the ruling can be affirmed, reversed, or remanded for further proceedings. In criminal appeals, the appellate court may uphold the conviction, order a new trial, or even dismiss the case entirely based on legal errors. In small claims appeals, the decision could be upheld, modified, or reversed based on the facts presented.

Understanding the rules governing appeals is important in anticipating potential outcomes. The Utah Rules of Appellate Procedure outline the procedures for appealing a decision from the district court, juvenile court, or other lower courts. These rules provide a framework for how appeals are conducted, the deadlines for filing appeals, and the requirements for presenting arguments before the appellate court.

In the domain of civil procedure, the Utah Code also sets forth specific guidelines for appealing decisions in various types of cases. Whether it's a juvenile court appeal, criminal appeal, or small claims appeal, following the established rules is essential to achieving a favorable outcome. By adhering to these rules and presenting a compelling case on appeal, you can increase the likelihood of a successful resolution to your legal matter.

Frequently Asked Questions

Can I Appeal a Small Claims Court Decision?

So, you've just received a decision from small claims court that you're not thrilled about. Wondering if you can appeal? Let's delve into and explore the process and options available to you.

How Long Do I Have to File an Appeal?

You have 30 days from the date of the final judgment to file an appeal in Utah. Make sure to adhere to this timeline as missing it can result in losing your right to appeal.

What Happens if the Appellate Court Disagrees With the Lower Court's Decision?

If the appellate court disagrees with the lower court's decision, it can overturn the ruling, modify it, or send it back for further consideration. Understanding the reasons for the disagreement is vital for your case.

Is It Possible to Appeal a Default Judgment?

If you miss responding to a lawsuit, the court may enter a default judgment against you. Appealing a default judgment can be complex, but it is possible under certain circumstances. Legal advice is essential.

Can I Represent Myself in an Appellate Court?

Yes, you can represent yourself in an appellate court. It is important to thoroughly understand the rules, procedures, and deadlines in appellate practice. Consider seeking guidance or legal advice to navigate the complexities effectively.

Areas We Serve in Utah

We serve individuals and businesses in the following Utah locations:

Salt Lake City Utah West Valley City Utah Provo Utah West Jordan Utah Orem Utah Sandy Utah Ogden Utah St. George Utah Layton Utah South Jordan Utah Lehi Utah Millcreek Utah Taylorsville Utah Logan Utah Murray Utah Draper Utah Bountiful Utah Riverton Utah Herriman Utah Spanish Fork Utah Roy Utah Pleasant Grove Utah Kearns Utah Tooele Utah Cottonwood Heights Utah Midvale Utah Springville Utah Eagle Mountain Utah Cedar City Utah Kaysville Utah Clearfield Utah Holladay Utah American Fork Utah Syracuse Utah Saratoga Springs Utah Magna Utah Washington Utah South Salt Lake Utah Farmington Utah Clinton Utah North Salt Lake Utah Payson Utah North Ogden Utah Brigham City Utah Highland Utah Centerville Utah Hurricane Utah South Ogden Utah Heber Utah West Haven Utah Bluffdale Utah Santaquin Utah Smithfield Utah Woods Cross Utah Grantsville Utah Lindon Utah North Logan Utah West Point Utah Vernal Utah Alpine Utah Cedar Hills Utah Pleasant View Utah Mapleton Utah Stansbury Par Utah Washington Terrace Utah Riverdale Utah Hooper Utah Tremonton Utah Ivins Utah Park City Utah Price Utah Hyrum Utah Summit Park Utah Salem Utah Richfield Utah Santa Clara Utah Providence Utah South Weber Utah Vineyard Utah Ephraim Utah Roosevelt Utah Farr West Utah Plain City Utah Nibley Utah Enoch Utah Harrisville Utah Snyderville Utah Fruit Heights Utah Nephi Utah White City Utah West Bountiful Utah Sunset Utah Moab Utah Midway Utah Perry Utah Kanab Utah Hyde Park Utah Silver Summit Utah La Verkin Utah Morgan Utah

Utah Appeals Lawyer Consultation

When you need help from a Utah appeals lawyer, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472

Home

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Business Lawyer for LLC

Attorneys in Utah

Read more here https://jeremyeveland.com/appeals/

#Attorney #Business Lawyer #Utah Attorney

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seaspacesolace · 8 days ago

Text

Appeals

Key Takeaways

Understanding harmless error is crucial for appeal success.

Proper preservation of issues essential for appellate review.

Steps from notice of appeal to court of appeals.

Importance of accurate transcript and demonstrating prejudice.

Filing petition for writ of certiorari for Supreme Court review.

Understanding the Appeals Process

Piercing the Corporate Veil

Grounds for Filing an Appeal

Notice of Appeal: One of the initial steps in filing an appeal is submitting a formal notice of appeal to the appropriate court, as per Rule 3 of the Utah Rules of Appellate Procedure.

Transcript: Ensuring an accurate record of the proceedings is crucial. Rule 11 of the Utah Rules of Appellate Procedure outlines the requirements for preparing the transcript for the appellate court.

Prejudice: Demonstrating that the lower court's decision was prejudicial and had a significant impact on the outcome of the case is a common ground for filing an appeal.

Petition for Writ of Certiorari: If seeking review by the Utah Supreme Court, filing a petition for a writ of certiorari is necessary to request the court's review of the lower court's decision.

Understanding these grounds is essential when contemplating whether to pursue an appeal in Utah.

Preparing for Appellate Review

The Role of Oral Arguments

Clarification: Oral arguments allow you to elucidate complex legal issues or nuances that may not have been fully understood from the written briefs alone.

Persuasion: It is your opportunity to convincingly argue your position, highlighting key facts and legal principles to sway the judges in your favor.

Question Answering: The judges may have specific questions they want you to address, and oral arguments give you the chance to directly respond to these queries.

Rebuttal: You can use oral arguments to counter points made by the opposing party, strengthening your own position and undermining theirs.

Time Limit: Be mindful of the time constraints set by the Utah Rules of Appellate Procedure; effective time management during oral arguments is crucial to ensure you cover all essential points.

In both civil appeals and administrative agency appeals, the oral arguments stage is a critical juncture in the appellate process, where your advocacy skills and legal knowledge are put to the test.

Potential Outcomes of Appeals

Frequently Asked Questions

Can I Appeal a Small Claims Court Decision?

So, you've just received a decision from small claims court that you're not thrilled about. Wondering if you can appeal? Let's delve into and explore the process and options available to you.

How Long Do I Have to File an Appeal?

You have 30 days from the date of the final judgment to file an appeal in Utah. Make sure to adhere to this timeline as missing it can result in losing your right to appeal.

What Happens if the Appellate Court Disagrees With the Lower Court's Decision?

Is It Possible to Appeal a Default Judgment?

Can I Represent Myself in an Appellate Court?

Areas We Serve in Utah

We serve individuals and businesses in the following Utah locations:

Utah Appeals Lawyer Consultation

When you need help from a Utah appeals lawyer, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472

Home

What Is A Conflict Of Interest For A Lawyer?

Business Lawyer Clinton Utah

Understanding Utah’s Labor Laws

Business Lawyer North Salt Lake Utah

Product Liability Laws in Utah

Business Lawyer Payson Utah

Preventing Cybersecurity Breaches

Business Lawyer North Ogden Utah

Shareholder Agreements in Utah

Business Lawyer Hurricane Utah

Tax Status and LLC Types

Corporate Attorney West Jordan UT

Estate Planning For Survivorship Considerations

Estate Plan Update

Construction Lawyer West Bountiful Utah

Estate Planning for Business Asset Protection

Estate Planning for Children

Are Small Business Loans Worth It?

Business Succession Planning Lawyer

Alimony Lawyer

Business Lawyer for LLC

Attorneys in Utah

Read more here https://jeremyeveland.com/appeals/

#Asset Protection Attorney #Estate Planning Attorney

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maliahbun · 7 months ago

Text

Appeals

Key Takeaways

Understanding harmless error is crucial for appeal success.

Proper preservation of issues essential for appellate review.

Steps from notice of appeal to court of appeals.

Importance of accurate transcript and demonstrating prejudice.

Filing petition for writ of certiorari for Supreme Court review.

Understanding the Appeals Process

Piercing the Corporate Veil

Grounds for Filing an Appeal

Notice of Appeal: One of the initial steps in filing an appeal is submitting a formal notice of appeal to the appropriate court, as per Rule 3 of the Utah Rules of Appellate Procedure.

Transcript: Ensuring an accurate record of the proceedings is crucial. Rule 11 of the Utah Rules of Appellate Procedure outlines the requirements for preparing the transcript for the appellate court.

Prejudice: Demonstrating that the lower court's decision was prejudicial and had a significant impact on the outcome of the case is a common ground for filing an appeal.

Petition for Writ of Certiorari: If seeking review by the Utah Supreme Court, filing a petition for a writ of certiorari is necessary to request the court's review of the lower court's decision.

Understanding these grounds is essential when contemplating whether to pursue an appeal in Utah.

Preparing for Appellate Review

The Role of Oral Arguments

Clarification: Oral arguments allow you to elucidate complex legal issues or nuances that may not have been fully understood from the written briefs alone.

Persuasion: It is your opportunity to convincingly argue your position, highlighting key facts and legal principles to sway the judges in your favor.

Question Answering: The judges may have specific questions they want you to address, and oral arguments give you the chance to directly respond to these queries.

Rebuttal: You can use oral arguments to counter points made by the opposing party, strengthening your own position and undermining theirs.

Time Limit: Be mindful of the time constraints set by the Utah Rules of Appellate Procedure; effective time management during oral arguments is crucial to ensure you cover all essential points.

In both civil appeals and administrative agency appeals, the oral arguments stage is a critical juncture in the appellate process, where your advocacy skills and legal knowledge are put to the test.

Potential Outcomes of Appeals

Frequently Asked Questions

Can I Appeal a Small Claims Court Decision?

So, you've just received a decision from small claims court that you're not thrilled about. Wondering if you can appeal? Let's delve into and explore the process and options available to you.

How Long Do I Have to File an Appeal?

You have 30 days from the date of the final judgment to file an appeal in Utah. Make sure to adhere to this timeline as missing it can result in losing your right to appeal.

What Happens if the Appellate Court Disagrees With the Lower Court's Decision?

Is It Possible to Appeal a Default Judgment?

Can I Represent Myself in an Appellate Court?

Areas We Serve in Utah

We serve individuals and businesses in the following Utah locations:

Utah Appeals Lawyer Consultation

When you need help from a Utah appeals lawyer, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472

Home

What Is A Conflict Of Interest For A Lawyer?

Business Lawyer Clinton Utah

Understanding Utah’s Labor Laws

Business Lawyer North Salt Lake Utah

Product Liability Laws in Utah

Business Lawyer Payson Utah

Preventing Cybersecurity Breaches

Business Lawyer North Ogden Utah

Shareholder Agreements in Utah

Business Lawyer Hurricane Utah

Tax Status and LLC Types

Corporate Attorney West Jordan UT

Estate Planning For Survivorship Considerations

Estate Plan Update

Construction Lawyer West Bountiful Utah

Estate Planning for Business Asset Protection

Estate Planning for Children

Are Small Business Loans Worth It?

Business Succession Planning Lawyer

Alimony Lawyer

Business Lawyer for LLC

Attorneys in Utah

Read more here https://jeremyeveland.com/appeals/

#Asset Protection Attorney #Business Lawyer

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k-adriana · 7 months ago

Text

Appeals

Key Takeaways

Understanding harmless error is crucial for appeal success.

Proper preservation of issues essential for appellate review.

Steps from notice of appeal to court of appeals.

Importance of accurate transcript and demonstrating prejudice.

Filing petition for writ of certiorari for Supreme Court review.

Understanding the Appeals Process

Piercing the Corporate Veil

Grounds for Filing an Appeal

Notice of Appeal: One of the initial steps in filing an appeal is submitting a formal notice of appeal to the appropriate court, as per Rule 3 of the Utah Rules of Appellate Procedure.

Transcript: Ensuring an accurate record of the proceedings is crucial. Rule 11 of the Utah Rules of Appellate Procedure outlines the requirements for preparing the transcript for the appellate court.

Prejudice: Demonstrating that the lower court's decision was prejudicial and had a significant impact on the outcome of the case is a common ground for filing an appeal.

Petition for Writ of Certiorari: If seeking review by the Utah Supreme Court, filing a petition for a writ of certiorari is necessary to request the court's review of the lower court's decision.

Understanding these grounds is essential when contemplating whether to pursue an appeal in Utah.

Preparing for Appellate Review

The Role of Oral Arguments

Clarification: Oral arguments allow you to elucidate complex legal issues or nuances that may not have been fully understood from the written briefs alone.

Persuasion: It is your opportunity to convincingly argue your position, highlighting key facts and legal principles to sway the judges in your favor.

Question Answering: The judges may have specific questions they want you to address, and oral arguments give you the chance to directly respond to these queries.

Rebuttal: You can use oral arguments to counter points made by the opposing party, strengthening your own position and undermining theirs.

Time Limit: Be mindful of the time constraints set by the Utah Rules of Appellate Procedure; effective time management during oral arguments is crucial to ensure you cover all essential points.

In both civil appeals and administrative agency appeals, the oral arguments stage is a critical juncture in the appellate process, where your advocacy skills and legal knowledge are put to the test.

Potential Outcomes of Appeals

Frequently Asked Questions

Can I Appeal a Small Claims Court Decision?

So, you've just received a decision from small claims court that you're not thrilled about. Wondering if you can appeal? Let's delve into and explore the process and options available to you.

How Long Do I Have to File an Appeal?

You have 30 days from the date of the final judgment to file an appeal in Utah. Make sure to adhere to this timeline as missing it can result in losing your right to appeal.

What Happens if the Appellate Court Disagrees With the Lower Court's Decision?

Is It Possible to Appeal a Default Judgment?

Can I Represent Myself in an Appellate Court?

Areas We Serve in Utah

We serve individuals and businesses in the following Utah locations:

Utah Appeals Lawyer Consultation

When you need help from a Utah appeals lawyer, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472

Home

What Is A Conflict Of Interest For A Lawyer?

Business Lawyer Clinton Utah

Understanding Utah’s Labor Laws

Business Lawyer North Salt Lake Utah

Product Liability Laws in Utah

Business Lawyer Payson Utah

Preventing Cybersecurity Breaches

Business Lawyer North Ogden Utah

Shareholder Agreements in Utah

Business Lawyer Hurricane Utah

Tax Status and LLC Types

Corporate Attorney West Jordan UT

Estate Planning For Survivorship Considerations

Estate Plan Update

Construction Lawyer West Bountiful Utah

Estate Planning for Business Asset Protection

Estate Planning for Children

Are Small Business Loans Worth It?

Business Succession Planning Lawyer

Alimony Lawyer

Business Lawyer for LLC

Attorneys in Utah

Read more here https://jeremyeveland.com/appeals/

#Lawyer #Utah Attorney

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beautiful-cute-girl · 7 months ago

Text

Appeals

Key Takeaways

Understanding harmless error is crucial for appeal success.

Proper preservation of issues essential for appellate review.

Steps from notice of appeal to court of appeals.

Importance of accurate transcript and demonstrating prejudice.

Filing petition for writ of certiorari for Supreme Court review.

Understanding the Appeals Process

Piercing the Corporate Veil

Grounds for Filing an Appeal

Notice of Appeal: One of the initial steps in filing an appeal is submitting a formal notice of appeal to the appropriate court, as per Rule 3 of the Utah Rules of Appellate Procedure.

Transcript: Ensuring an accurate record of the proceedings is crucial. Rule 11 of the Utah Rules of Appellate Procedure outlines the requirements for preparing the transcript for the appellate court.

Prejudice: Demonstrating that the lower court's decision was prejudicial and had a significant impact on the outcome of the case is a common ground for filing an appeal.

Petition for Writ of Certiorari: If seeking review by the Utah Supreme Court, filing a petition for a writ of certiorari is necessary to request the court's review of the lower court's decision.

Understanding these grounds is essential when contemplating whether to pursue an appeal in Utah.

Preparing for Appellate Review

The Role of Oral Arguments

Clarification: Oral arguments allow you to elucidate complex legal issues or nuances that may not have been fully understood from the written briefs alone.

Persuasion: It is your opportunity to convincingly argue your position, highlighting key facts and legal principles to sway the judges in your favor.

Question Answering: The judges may have specific questions they want you to address, and oral arguments give you the chance to directly respond to these queries.

Rebuttal: You can use oral arguments to counter points made by the opposing party, strengthening your own position and undermining theirs.

Time Limit: Be mindful of the time constraints set by the Utah Rules of Appellate Procedure; effective time management during oral arguments is crucial to ensure you cover all essential points.

In both civil appeals and administrative agency appeals, the oral arguments stage is a critical juncture in the appellate process, where your advocacy skills and legal knowledge are put to the test.

Potential Outcomes of Appeals

Frequently Asked Questions

Can I Appeal a Small Claims Court Decision?

So, you've just received a decision from small claims court that you're not thrilled about. Wondering if you can appeal? Let's delve into and explore the process and options available to you.

How Long Do I Have to File an Appeal?

You have 30 days from the date of the final judgment to file an appeal in Utah. Make sure to adhere to this timeline as missing it can result in losing your right to appeal.

What Happens if the Appellate Court Disagrees With the Lower Court's Decision?

Is It Possible to Appeal a Default Judgment?

Can I Represent Myself in an Appellate Court?

Areas We Serve in Utah

We serve individuals and businesses in the following Utah locations:

Utah Appeals Lawyer Consultation

When you need help from a Utah appeals lawyer, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472

Home

What Is A Conflict Of Interest For A Lawyer?

Business Lawyer Clinton Utah

Understanding Utah’s Labor Laws

Business Lawyer North Salt Lake Utah

Product Liability Laws in Utah

Business Lawyer Payson Utah

Preventing Cybersecurity Breaches

Business Lawyer North Ogden Utah

Shareholder Agreements in Utah

Business Lawyer Hurricane Utah

Tax Status and LLC Types

Corporate Attorney West Jordan UT

Estate Planning For Survivorship Considerations

Estate Plan Update

Construction Lawyer West Bountiful Utah

Estate Planning for Business Asset Protection

Estate Planning for Children

Are Small Business Loans Worth It?

Business Succession Planning Lawyer

Alimony Lawyer

Business Lawyer for LLC

Attorneys in Utah

Read more here https://jeremyeveland.com/appeals/

#Lawyer

0 notes

ambvr · 8 months ago

Text

Appeals

Key Takeaways

Understanding harmless error is crucial for appeal success.

Proper preservation of issues essential for appellate review.

Steps from notice of appeal to court of appeals.

Importance of accurate transcript and demonstrating prejudice.

Filing petition for writ of certiorari for Supreme Court review.

Understanding the Appeals Process

Piercing the Corporate Veil

Grounds for Filing an Appeal

Notice of Appeal: One of the initial steps in filing an appeal is submitting a formal notice of appeal to the appropriate court, as per Rule 3 of the Utah Rules of Appellate Procedure.

Transcript: Ensuring an accurate record of the proceedings is crucial. Rule 11 of the Utah Rules of Appellate Procedure outlines the requirements for preparing the transcript for the appellate court.

Prejudice: Demonstrating that the lower court's decision was prejudicial and had a significant impact on the outcome of the case is a common ground for filing an appeal.

Petition for Writ of Certiorari: If seeking review by the Utah Supreme Court, filing a petition for a writ of certiorari is necessary to request the court's review of the lower court's decision.

Understanding these grounds is essential when contemplating whether to pursue an appeal in Utah.

Preparing for Appellate Review

The Role of Oral Arguments

Clarification: Oral arguments allow you to elucidate complex legal issues or nuances that may not have been fully understood from the written briefs alone.

Persuasion: It is your opportunity to convincingly argue your position, highlighting key facts and legal principles to sway the judges in your favor.

Question Answering: The judges may have specific questions they want you to address, and oral arguments give you the chance to directly respond to these queries.

Rebuttal: You can use oral arguments to counter points made by the opposing party, strengthening your own position and undermining theirs.

Time Limit: Be mindful of the time constraints set by the Utah Rules of Appellate Procedure; effective time management during oral arguments is crucial to ensure you cover all essential points.

In both civil appeals and administrative agency appeals, the oral arguments stage is a critical juncture in the appellate process, where your advocacy skills and legal knowledge are put to the test.

Potential Outcomes of Appeals

Frequently Asked Questions

Can I Appeal a Small Claims Court Decision?

So, you've just received a decision from small claims court that you're not thrilled about. Wondering if you can appeal? Let's delve into and explore the process and options available to you.

How Long Do I Have to File an Appeal?

You have 30 days from the date of the final judgment to file an appeal in Utah. Make sure to adhere to this timeline as missing it can result in losing your right to appeal.

What Happens if the Appellate Court Disagrees With the Lower Court's Decision?

Is It Possible to Appeal a Default Judgment?

Can I Represent Myself in an Appellate Court?

Areas We Serve in Utah

We serve individuals and businesses in the following Utah locations:

Utah Appeals Lawyer Consultation

When you need help from a Utah appeals lawyer, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland 17 North State Street Lindon UT 84042 (801) 613-1472

Home

What Is A Conflict Of Interest For A Lawyer?

Business Lawyer Clinton Utah

Understanding Utah’s Labor Laws

Business Lawyer North Salt Lake Utah

Product Liability Laws in Utah

Business Lawyer Payson Utah

Preventing Cybersecurity Breaches

Business Lawyer North Ogden Utah

Shareholder Agreements in Utah

Business Lawyer Hurricane Utah

Tax Status and LLC Types

Corporate Attorney West Jordan UT

Estate Planning For Survivorship Considerations

Estate Plan Update

Construction Lawyer West Bountiful Utah

Estate Planning for Business Asset Protection

Estate Planning for Children

Are Small Business Loans Worth It?

Business Succession Planning Lawyer

Alimony Lawyer

Business Lawyer for LLC

Attorneys in Utah

Read more here https://jeremyeveland.com/appeals/

#Real Estate Lawyer #Utah Attorney

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judgementstoday · 3 years ago

Text

Why Law Students Should Keep An Eye On Supreme Court Verdicts

As a law student, there are many different kinds of sources that you rely on while researching your coursework - statutes, court cases, and even other bloggers and articles. But the one source that is the most intriguing and often the most overlooked is the Supreme Court. Though they only hear about eighty cases each year, these trials can impact our lives as Indians the most. This is why it's so important for law students to keep an eye on their Supreme Court judgements- and this article aims to show you how!

What are Supreme Court Verdicts?

The Supreme Court is the highest in the United States, and its decisions are binding on all other courts. The court hears cases on various topics, from criminal law to constitutional law.

Supreme Court cases that the Supreme Court hears are appeals from lower courts. That means the Supreme Court is not usually the first to hear a case; instead, it is the last court of appeal. In some cases, however, the Supreme Court may choose to hear a case directly from a trial court.

The justices of the Supreme Court are tasked with considering two main questions when they review a case: first, whether or not there is a federal issue at stake; and second, whether or not the lower court's decision was correct. If the answer to both questions is yes, then the Supreme Court will issue what is called a writ of certiorari, which orders the lower court to send up the records of the case for review.

Once a writ of certiorari has been issued, both sides in the case will submit written briefs outlining their arguments. The justices will then consider these arguments along with any oral arguments that are presented before them. After deliberation, they will issue a decision in writing called an opinion.

How do Supreme Court Verdicts Affect Law Students?

As a law student, keeping up with the Supreme Court decisions is essential, as they can significantly impact your future career. For example, if the court rules favour a particular interpretation of the law, it could set a precedent that all future lawyers must follow. Supreme Court rulings can also affect how law schools teach specific topics. For instance, if the court overturns a long-standing legal principle, law schools may need to adapt their curriculum to reflect this change. By staying up-to-date on the latest Supreme Court decisions, you can ensure that you get the best possible education and prepare yourself for a successful legal career.

How to Look for News on Supreme Court Verdicts?

There are a few places to start when looking for news on Latest Supreme Court judgments. The first is the Supreme Court's website, which has a section dedicated to recent decisions. Another good resource is the website of the National Law Journal, which regularly covers Supreme Court cases and decisions. Finally, law students can stay up-to-date on Supreme Court verdicts by following legal news sources such as Judgements Today.

#supreme court judgements #supreme court judgments #Supreme Court cases #Supreme Court decisions #Latest supreme court case #Latest supreme court judgments #Latest supreme court rulings #recent judgement of supreme court #supreme court rulings #case study examples for students #india legal news #indian case laws

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ruminativerabbi · 3 years ago

Text

The YU Pride Alliance

My mother was apparently correct when she told me that, if you try hard enough, you can learn something new every day of your life. Just the other day, for example, I learned what a writ of certiorari is: the order of a higher court to a lower court that it, the lower court, provide its record in a given case so that the higher court may review it. Apparently, this is a regular feature of life at the Supreme Court and, indeed, I also learned that the Supreme Court issues writs of certiorari to select most of the cases it hears. Who knew?

The context in which I learned about certiorari is what I’d like to write about this week because it was just a few days ago that the Becket Fund for Religious Liberty, a legal advocacy group that promotes the free exercise of religion, filed an emergency application with the U.S. Supreme Court on behalf of Yeshiva University asking that it either issue a writ of certiorari and/or stay a ruling issued by the New York State Supreme Court last June instructing YU to treat the YU Pride Alliance, a group serving the LGBTQ+ community at Yeshiva, as any other student group, i.e., by providing it with funding and with an on-campus meeting place. YU’s argument that the ruling requires the school to go against its own religious principles and is thus a violation of its First Amendment rights sounds rational, at least at first, and that point was made forcefully.

It turns out, slightly amazingly, that Yeshiva specifically amended its charter in 1967 to describe itself, not as a religious institution at all, but rather specifically as an educational one. And that was the crucial detail that prompted the lower court’s ruling: although it is true that religious corporations, including ones “incorporated under the education law,” are exempt from compliance with the New York City human rights law, YU’s decision specifically not to describe itself as a religious institution means that that exclusion specifically does not apply to them. This, at least to me, is a mere detail: no one with even a passing acquaintanceship with Jewish life in the United States would seriously argue that YU is not a religious institution. Its name implies as much. It houses a rabbinical seminary that trains modern Orthodox rabbis and is widely regarded as the flagship institution of modern Orthodoxy in America. So let’s say that the New York court’s ruling turned on a detail that itself feels negligible and inconsonant with reality as we know it. What then? Should its ruling be overturned? Does a religious institution have the right to engage in overtly discriminatory practices if it finds justification for those practices in its traditions and traditional practices? May the government step in to protect citizens whose human rights are being violated even if the violation in question is being carried out by a religious institution? These are the questions that the whole kerfuffle about the YU Pride Alliance bring to my mind. And all of them circle around the single issue that churns and roils at the center of the matter: does the Constitution permit the government to determine what is and what isn’t legitimate religious practice protected by the First Amendment?

I broached this topic last October when I wrote about the case of John Henry Ramirez, a former Marine who murdered a convenience store worker in Corpus Christi, Texas, in 2004 and then fled to Mexico, where he was eventually apprehended four years later. He was tried for murder, convicted, and sentenced to death. As the date of his execution drew closer, he sued the State of Texas over the fact that the state was refusing to grant his minister, the Reverend Dana Moore of the Second Baptist Church in Corpus Christi, the right not only to be present at his execution but also to lay his hands on Ramirez’s head and to pray with him as he was going to be put to death. When I wrote last year about this case, it was still undecided. But it is undecided no longer: Ramirez won in court and Texas was ordered to permit Reverend Moore to serve his congregant in whatever way his religious training dictates. Ramirez’s execution is scheduled to take place on October 5 of this year and will presumably take place as he prays with his minister’s hands set upon his head.

When I wrote about the Ramirez case (click here), I argued that the key issue here is not whether the laying-on of hands is or isn’t a legitimate part of the Baptist last-rites ceremony, but rather whether the government should have a voice in the discussion at all. I argued, I hope persuasively, that it should not. In my opinion, I wrote, the First Amendment should be understood not only to guarantee freedom of religion in the philosophical sense but also in the practical, and that the government should therefore never be empowered to decide what does or doesn’t constitute “authentic” religious behavior. I’m willing to accept exceptions to that rule in the extreme case: if a fundamentalist group were to embrace the biblical institution of slavery and argue that the Thirteenth Amendment prohibiting slavery was a violation of their civil rights, I would certainly not be supportive of that argument. But the Ramirez case was nothing like that and simply involved the State of Texas attempting to tell a Christian minister what does and doesn’t constitute a “real” Christian ritual. That is not something any American should find rational or reasonable.

Just lately, the Supreme Court has issued several rulings that seem, at least to me, to thin the famous wall between Church and State that is so foundational to our American republic.

In Carson v. Makin, the Supreme Court determined that the State of Maine was acting illegally in refusing school vouchers to parents whose children attended religion-based private schools. The argument was simple: those parents pay taxes, their children attend the school of their choice, parents whose children attend “regular” private schools get government assistance, so why shouldn’t parents whose children attend parochial schools? That this decision eroded the barrier between church and state seems obvious. But the Court felt that the importance of not discriminating against citizens because of their religious affiliation was the greater good. I feel conflicted about the decision. On the one hand, I certainly understand how helpful that kind of assistance could be for Jewish parents who send their children to day schools. But, on the other, feeling that no ultimate good can ever come—not for Jews and not for anyone—from eroding what was once considered the impermeable wall between Church and State. But especially not for Jews and other members of minority faiths!

In Kennedy v. Bremerton School District, the Supreme Court considered the case of a school district in Washington that fired a local football coach after he refused to abandon his practice of kneeling down in prayer at the end of every game and allowing students, if they wished, to join him. (Left unreported was whether he prayed after every game or only if his team won.) The school board felt that, since Coach Kennedy only engaged in Christian prayer, this practice was an offense against the Establishment Clause that forbids the government—in this case, a state-run public school—from endorsing one specific religion over any other. The Supreme Court felt otherwise, decreeing that the School District was wrong in, in effect, denying Coach Kennedy his right to speak freely. About this too, I have mixed emotions. Certainly, the coach’s practice must have appeared to most, or at least to some, to be a kind of official endorsement specifically of Christian prayer as opposed to the prayers of any other faith group. On the other hand, the notion that any citizen’s right to engage in prayer can or should be limited by governmental restrictions on religious activity in public places seems wrong to me. So here too I sit on both sides of the fence, wanting the wall between Church and State to be ironclad, but also wanting the government to keep its hands off religion entirely…and certainly not to dictate where and when individuals can say their prayers.

And that brings us back to the YU Pride Alliance. Should an American university—regardless of how it self-defines in terms of its theological or philosophical orientation—be permitted to engage in discriminatory practices against recognized groups that would be unequivocally illegal if that discrimination were to take place, say, in the workplace or in a public school? Or is the greater good served here by the government being prohibited from interfering in the behavior of religious institutions regardless of whether that involves behavior that would otherwise be illegal? (I reject as ridiculous the argument that Yeshiva University is not an Orthodox Jewish institution.) Is the greater good served here by allowing YU to sneer openly and, in my opinion, embarrassingly and unjustifiably prejudicially at its gay students if that is the price we must pay for religious institutions not having to answer to the government for their practices or standards? Or has society long since turned that corner with respect to the respect due gay people? We certainly wouldn’t tolerate the government looking away if a school, even a religious one, were to forbid its Black students or its Hispanic or Jewish ones to form affinity groups promoting their culture or history! To ask the question differently: is this really about the place of gay people in America or is really about the willingness of the government to regulate religion? In a sense, it’s about both.

In the end, I think the Supreme Court will probably endorse Yeshiva’s right to discriminate against its own gay students. But in such an instance, the challenge will then pass to the Jewish community itself: whether the government can or should regular religious institutions at all is one thing, after all, but it is another thing entirely to ask if the Jewish world will just shrug its shoulders and hope the issue just goes away…or stand up to speak with a united voice against YU’s misguided and unjustified decision to disenfranchise its own gay students for the sake of some unspecified religious principle. I suppose they must have one. But the one I suggest they adopt in its place come precisely from last week’s Torah portion: tzedek tzedek tirdof, Scripture enjoins the faithful: never ever tire in the pursuit of justice for all.

#Yeshiva University #YU Pride Alliance #John Ramirez

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2020acwg · 5 years ago

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RECAP: Robin Wall Kimmerer, “The Sacred and the Superfund”

In this chapter of Braiding Sweetgrass, Robin Wall Kimmerer examines Lake Onondaga’s history of cultural importance to the Onondaga People and it’s status as a contested geographic site. Since 1788, New York State has stolen 2.5 million acres of land from the Onondaga Nation and subsequently leased land rights to corporate mining operations and chemical manufacturers. As a result, there are 48 different contaminants, including high volumes of mercury, in the water, sediment, soil, plants, and fish of Onondaga Lake, which is commonly referred to as the most polluted lake in the country. The Onondaga Nation filed a land rights action in the United States District Court on March 11, 2005, which the federal court dismissed. The Nation then appealed to the Second Circuit Court of Appeals, which affirmed that dismissal. Finally, the Nation filed a petition for a writ of certiorari with the Supreme Court seeking review of the dismissal and its affirmance. The Supreme Court denied that petition. Despite numerous legal setbacks, Kimmerer notes that the “Onondaga have not turned their backs on the lake.” A Native nation that has never ceded its status as a sovereign nation, they did not call their suit a land claim but rather a land rights action to underscore their moral position and root the action in principles of care that extend to the natural world and future generations. In the face of blind injustice and constantly receding hope, she offers the idea of restoration as a pathway forward, saying: “Despair is paralysis. It robs us of agency. It blinds us to our own power and the power of the earth. Environmental despair is a poison every bit as destructive as the methylated mercury in the bottom of Onondaga Lake...Restoration is a powerful antidote to despair. Restoration offers concrete means by which humans can once again enter into positive, creative relationship with the more-than-human world, meeting responsibilities that are simultaneously material and spiritual. It’s not enough to grieve. It’s not enough to just stop doing bad things.” Kimmerer affirms her position that the act of building restorative, reciprocal relationships is the antidote to despair by quoting philosopher Joanna Macy: “...the relationship between self and the world is reciprocal, it is not a question of first getting enlightened or saved and then acting. As we work to heal the earth, the earth heals us.” She closes the chapter by walking us through multiple paradigms that can help us consider our individual relationships to the more-than-human world around us more thoughtfully. How we approach land (site) restoration depends wholly on what we believe “land” means. (1) Land as Capital (2) Land as Property (3) Land as Machine (4) Land as Teacher, Land as Healer (5) Land as Responsibility (6) Land as Sacred, Land as Community (7) Land as Home.

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newjerseyprelawland-blog · 3 years ago

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303 Creative LLC V. Elenis: When Public Accommodations And Speech Intersect

By Emily Gill, Rutgers University–New Brunswick Class of 2026

December 11, 2022

In 2012, Lorie Smith, a Colorado resident, started her website design company, 303 Creative, where she offers custom design services to various clients, from roofing companies to state senators [1]. Ms. Smith wanted to expand her services to include wedding websites, which she would only have available to heterosexual couples due to her religious beliefs. She planned to put a statement explaining that on her website; however, under the Colorado Anti-Discrimination Act (CADA), she was not allowed to do this, as the statute prohibits public accommodations from discriminating against individuals based on protected characteristics [2]. Ms. Smith filed her initial complaint against Aubrey Elenis, the Colorado Civil Rights Division Director, in 2016, stating that her First Amendment rights were violated as she was compelled to speak a message she morally objected to. At both the district court level and appellate court level, it was decided that the CADA's prohibition of discrimination was, in fact, constitutional [3]. In mid-2021, the plaintiffs petitioned for a writ of certiorari, which the supreme court granted in February 2022.

The supreme court heard the oral argument on December 5, 2022, where it was asked if the compulsion of an artist to speak or stay silent due to the CADA violated the Free Speech Clause of the First Amendment. First, the Court heard the argument of the petitioner, who was represented by Kristen Kellie Waggoner, the CEO, President, and General Counsel of the Christian-oriented organization Alliance Defending Freedom. 303 Creative is considered a public accommodation under the CADA, which is why it was prohibited from creating wedding websites that discriminate against same-sex couples. Waggoner argues that if Ms. Smith is forced to create wedding websites for same-sex couples, she is being compelled by the government to endorse these unions, which directly violates the First Amendment. Justice Sonia Sotomayor raised the point that a wedding website is not an endorsement of a union, but an announcement, meaning the government is not compelling her to make a statement she disagrees with [4]. Waggoner's other key point is that message outweighs status. She gave the example of the websites of a heterosexual couple and a same-sex couple, both having the sentence "God bless this marriage," and argued that the context gives the line different meanings [5].

If 303 Creative was to sell the same product to a same-sex couple that it sold to a heterosexual couple, the message it would be sending would be very different and thus be forcing Smith to express an idea she disagrees with. She finished her argument by stating that "when there's an overlap between message and status, message does win." Second, the Court heard the argument of the respondent, who was represented by Eric R. Olson, the Solicitor General of Colorado. His argument focused primarily on the existence of 303 Creative as a public accommodation to explain why their discrimination was prohibited. As a public accommodation, "The company can choose to sell websites that only feature biblical quotes describing a marriage as between a man and a woman... [but] company just cannot refuse to serve gay couples, as it seeks to do here." [6] Justice Clarence Thomas raised the question of what happens in the intersections of public accommodation and speech or expression, to which Olson responded that there is no framework stating that businesses "except those engaged in expressive conduct" cannot discriminate.

Essentially, Ms. Smith can say on her website that marriage is only between a man and a woman, but she cannot refuse to sell these websites to same-sex couples. Lastly, the Court heard an amicus curiae in support of the respondent, Brian H. Fletcher, the former Solicitor General of the United States. Fletcher's argument revolved primarily around the fact that 303 Creative is a public accommodation and that this was status-based discrimination. He states that in Masterpiece Cakeshop v. Colorado Civil Rights Commission, "the Court… said refusing to serve for same-sex marriages is discrimination against…gays and lesbians because status and conduct is inextricably intertwined." [7] He also stated that the Court has upheld the government compulsion of speech in the past, such as in Rumsfeld v. Forum for Academic and Institutional Rights, Inc. In Rumsfeld, law schools were forced to communicate military announcements and the location of military recruiters, even though they had sincere beliefs against it [8]. Fletcher argues that Rumsfeld is very similar to this case and that Ms. Smith should therefore be required to communicate the message (the announcement of same-sex marriages) even if she has objections. The decision of this case will most likely not be announced until sometime in 2023, but the outcome will be significant. If decided in favor of 303 Creative LLC, similar arguments may be used to justify discrimination against people of color or individuals with disabilities, which would be detrimental to the lives of many Americans.

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[1] Smith, Lorie. “Portfolio.” portfolio - 303 Creative, 2022. https://303creative.com/portfolio/.

[2] "303 Creative LLC v. Elenis." Oyez. Accessed December 5, 2022. https://www.oyez.org/cases/2022/21-476.

[3] “303 Creative V. Elenis.” 303 Creative LLC v. Elenis | Alliance Defending Freedom, 2022. https://adflegal.org/case/303-creative-v-elenis.

[4] "303 Creative LLC v. Elenis." Oyez. Accessed December 5, 2022. https://www.oyez.org/cases/2022/21-476.

[5] "303 Creative LLC v. Elenis." Oyez. Accessed December 5, 2022. https://www.oyez.org/cases/2022/21-476.

[6] "303 Creative LLC v. Elenis." Oyez. Accessed December 5, 2022. https://www.oyez.org/cases/2022/21-476.

[7] "303 Creative LLC v. Elenis." Oyez. Accessed December 5, 2022. https://www.oyez.org/cases/2022/21-476.

[8] "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." Oyez. Accessed December 8, 2022. https://www.oyez.org/cases/2005/04-1152

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ledxlaw · 3 years ago

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HOW TO FILE A WRIT PETITION IN INDIAN COURTS?

In Indian Constitution, fundamental rights are given to the citizens of the country. Fundamental rights are the most crucial for the development of the people of India. Part III of the Indian Constitution includes the fundamental rights of people like the right to speech, right to equality, right to freedom etc. Solely stating these rights in the constitution and giving these rights to the people is not enough. These rights should be protected also. For the protection of these fundamental rights, Article 32 and Article 226 of the Indian Constitution give remedies. Article 32 and Article 226 of the Indian Constitution give the right to approach the Supreme Court and High Court. This right can be practised by anyone whose rights are violated. There are many writs provided under the Indian Constitution which protect the fundamental rights of the citizens of the country. Many online law certification courses are available on the Writs provided under the Constitution of India which protects the rights of people.

What is a Writ?

Writ refers to an order which is issued by the authority. The writ is understood as a formal written order which is issued by the court having the authority to do so.

A writ petition is an application which is to be filed before a court asking for the issue of the writ in a case where the fundamental rights of citizens are violated.

Types of Writs -

In Indian Constitution, Article 32 and Article 226 deal with the issue of writs. There are 5 types of writ provided under the Constitution which have different meanings and applications. These 5 types of the writ are:

Habeas Corpus: This writ means ‘you may have the body of’. This writ is applied in those cases where the person is detained illegally. The court uses this writ and directs the person to court for checking the legality of his custody. This writ can be issued by the courts in the following circumstances:

When a person is taken into custody but is not presented in court within 24 hours of his arrest.

When a person is detained even when the person has not breached the law.

When a person is arrested with a deceitful purpose.

Mandamus: This refers to ‘we command’. It is a command which is given to a person who is working as a public servant and who has not fulfilled his duty. This command is given by the courts. This writ can be issued against a person, corporation, an inferior court or any government body for the same cause i.e. when they fail to perform their duties.

Certiorari: The term certiorari refers to ‘certified to be informed.’ This writ is issued by the superior court to an inferior court for passing the pending case to a higher court or giving the judgment soon. In 1991, the apex court which is the supreme court ruled that this writ can be issued against authorities also if their judgment is violating the rights of the people. This writ can be issued in the following cases:

There should be a court that has the authority or right to act judicially.

If the judgment of a lower court violates the law.

If the judgement given by an inferior court contains some error.

Prohibition: The Writ of prohibition means to hinder or to discontinue and it is popularly recognized as ‘Stay Order’. This writ is issued when a lower court or a body tries to disobey the limits or powers vested in it. The writ of prohibition is given by any High Court or Supreme Court to any lower court, or semi-legal body prohibiting the latter from continuing the procedures in a specific case, where it has no jurisdiction to try. It cannot be imposed against administrative organisations, statutory authorities, or private people or enterprises. It is solely applicable to legal and semi-legal bodies.

Quo Warranto: This term Quo warranto means ‘by what authority or by what warrant’. It is issued by the court for the purpose of knowing the legitimacy or under what power the person is holding an office. It helps to prevent the unlawful holding of office by any individual. This writ cannot be issued under the following situations:

To remove any minister from his authority.

It cannot be issued against the chief minister for non-performance of his duties.

In the case of a ministerial office or private office.

How to File a Writ Petition?

For filing a writ petition in any of the courts, a proper procedure should be followed. Firstly, the party who needs to file this writ needs to approach an organisation with identity proof, residential proof and all the other necessary documents and proofs. Then the advocate will draft a petition which will include all the details and facts of the case about how the rights were violated. After this, the draft is sent to the court and the person gets a date for the hearing on which courts accept the petition and send the notice to the other party. Then a date is given on which both the parties should compulsorily be present in court. The judge hears both sides of the case and then passes a judgement. This procedure should be followed to file a writ petition. Various Online law certification courses are there by which experts give the knowledge about all these things and law aspirants could learn better.

Conclusion - Many rights are provided to the citizens under Indian Constitution but the most important rights are fundamental rights which are provided under Article 19 of the Indian Constitution like the right to equality, right to freedom, right to speech etc. These rights are so crucial for the people of India and as these rights are available so their violation is also possible. So to protect the fundamental rights of people writs are there in Article 32 and Article 226. There are 5 types of writs in our constitution which can be filed in the High Court or Supreme Court for the violation of the Fundamental Rights of the people. Various Online legal courses are being provided nowadays which help law students to understand the concept of writs and the process of how these writs are filed in the courts.

#Online Law Courses

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alabamaprelawland-blog · 4 years ago

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A Fifteen Year Old’s Crime And The Eighth Amendment

By Christopher Alhorn, The University of Alabama in Huntsville Class of 2021

May 13, 2021

It was August 9, 2004 [1]. Fifteen-year-old Brett Jones was fighting with his grandfather. The two men were in an angry argument because Brett’s grandfather had found Brett in his room with his girlfriend earlier that day. The encounter caused both men to be on edge. Brett was staying with grandfather to get away from his troubled household. Both his mother and his father were often intoxicated. The alcoholism sometimes caused his father to be abusive. Staying with his grandfather had allowed Brett to get away from the instability of his immediate family for the previous two months. This day, Brett’s relationship with his sixty-seven-year-old grandfather was also deteriorating. Brett was trying make himself a sandwich as he shouted and argued with his grandfather. As the argument grew more heated, he and his grandfather began shoving each other. Brett grabbed the knife he had been using to make his sandwich and stabbed his grandfather eight times [1]. Horrified and scared, Brett hid the body in a utility room and ran from the house [2].

The Mississippi police quickly caught up with Brett, arresting him the same day [3]. Within a year, he was put on trial for the murder of his grandfather. Brett tried to argue that he had acted in self-defense and his grandfather had been angry at him over frustrations with his family rather than the incident with his girlfriend [2]. The jury didn’t buy the argument. The jury convicted Brett of murder. Following Mississippi state law, the judge sentenced Brett to life in prison without any chance of parole.

Brett would almost certainly have stayed in jail for the rest of his life with no hope of getting out if the Supreme Court had not released a landmark opinion in 2012. In Miller v. Alabama, the Supreme Court ruled that sentencing a child convicted of murder to life in prison is a cruel and unusual punishment, which the Eighth Amendment forbids [4]. An exception to the rule occurs when the child is “permanently incorrigible.” Legal analysts debate exactly what this term means, but it carries the idea that a child cannot be reformed. After Miller v. Alabama was decided, Brett asked the Mississippi courts to reconsider his sentence. The Mississippi Supreme Court agreed with Brett and decided that the courts had to hear the case again in light of the new interpretation of the Eighth Amendment. In 2015, the Lee County Circuit Court heard the case again, but came to the same conclusion. Brett would stay in jail without a chance of parole [3]. Desperate to have a chance to get out of jail, Brett appealed his case all the way to the Mississippi Supreme Court, which came to the same conclusion as each of the lower courts. However, four of the justices on the court argued that the Supreme Court’s new interpretation of the Eighth Amendment required that Brett be given a chance of parole. Appealing to the Supreme Court, Brett argued that his sentencing was a violation of the Eighth Amendment as the Supreme Court had interpreted it in Miller. The Supreme Court decided to consider the case in March of 2020 [5]. That decision was released last week.

In a heated 6-3 decision, the Supreme Court decided against Jones [6]. The Supreme Court ruled that the Eighth Amendment does allow a judge to sentence a child to life in prison even if they are not “permanently incorrigible.” State laws still have to allow judges the option not to sentence children to life in prison without parole, but judges can sentence children to life without parole even if they find the child can be reformed [6]. Writing for the majority, Justice Kavanaugh framed the decision as consistent with precedent, suggesting that Miller never required the courts to find a child “permanently incorrigible” before they could be sentenced to life without parole. The dissenting justices loudly disagreed. Justice Sotomayor blasted the majority opinion as disrespectful of precedent writing, “Today, the Court guts Miller v. Alabama…” [6] Justice Sotomayor also disagreed with Justice Kavanaugh on whether Miller v. Alabama meaning. Sotomayor argued that Miller v. Alabama did in fact require courts to find a child “permanently incorrigible” before they could be sentenced to life without parole. Controversial but concrete, the majority’s opinion will have definite consequences.

Now that children can be sentenced to life in prison in more situations, more children will likely receive that sentence. Life sentences without parole for children remains legal in twenty-five states, mostly in the South and Midwest. Those states will likely see an increase in children who receive the harsh punishment. Legislators will continue to debate the merits of such sentences, but because of Jones v. Mississippi, the possibility of such sentences is wide open. A crime committed by a fifteen-year-old has created an important impact on Eighth Amendment law.

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1. Howard, J. Green, J. T. Shapiro, D. M. (n.d.). Petition for a writ of certiorari. https://www.supremecourt.gov/DocketPDF/18/18-1259/94684/20190329124507004_No.-__%20Cert%20Petition.pdf

2. Faulkner, L. (2005, May 21). Brett Jones found guilty of murder. Daily Journal. https://www.djournal.com/news/brett-jones-found-guilty-of-murder/article_d0a763e7-6407-5ee0-859a-6af91cda6811.html

3. Liptak, A. (2020, March 9). Supreme Court to Consider When Juveniles May Get Life Without Parole. New York Times. https://www.nytimes.com/2020/03/09/us/politics/supreme-court-teenagers-life-sentence.html

4. Miller v. Alabama. (n.d.). Oyez. Retrieved October 10, 2020, from https://www.oyez.org/cases/2011/10-9646

5. Jones v. Mississippi. SCOTUSblog. Retrieved October 10, 2020, from https://www.scotusblog.com/case-files/cases/jones-v-mississippi/

6. Jones v. Mississippi. 200 U.S. 321, 337. (2021). https://www.supremecourt.gov/opinions/20pdf/18-1259_8njq.pdf

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seryllis · 5 years ago

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Chances are, even if this does go through Congress, the Supreme Court would be likely to strike it down as unconstitutional. Carpenter vs. United States is a good example to work off of precedent where authorities used cellular phone location history to arrest Timothy Carpenter for aiding in a bunch of armed robberies that had gone down back in 2011 because they found he had been within 2 miles of all the crimes. The police claimed they were doing it under the Smith vs. Maryland ruling. Carpenter argued that this violated his fourth amendment rights of search and seizure though. He made the appeal that authorities needed a search warrant, but the lower courts backed the authorities up. Eventually, the Supreme Court offered a writ of certiorari to Carpenter and his case which basically means the Supreme Court will hear the case and make a ruling on it. In a 5-4 decision, the court overturned the ruling of the lower courts stating that a person had a reasonable expectation of privacy and that their location is and will be kept private.

What does this mean for this if we want to work off of precedent? The court would be likely to strike this down based off of their own precedent unless the law were to specifically state there needs to be a search warrant (which I didn’t see any mention of in the article unless I either missed it, it isn’t in the provision, or the article writer forgot to put that part in.) We can assume that private messaging and private phone calls are just that, private. If it’s in the dms then it’s akin to someone coming to your house and having a conversation with you. We have a reasonable expectation of privacy there just like we do here with our phone conversations. So yeah. I think this would be considered an unlawful search and seizure unless there is in fact a provision for search warrants and that it would go against the currently established common law (aka judge made law). I would be worried only if the court decided to take the case and then modifying the precedent to instead of striking it down approve it and change the existing common law to allow this.

Tl;dr: Judge made law would probably consider this a violation of the fourth amendment under search and seizure due to a ruling made with Carpenter vs. United States because of the reasonable expectation of privacy. Lawyers or law majors, please help explain or rectify anything I or anyone else missed. I’m only going off of what I’ve learnt in my current media law class.

Repost to spread. (Not really humor)

#law #united states politics and government #United States #Carpenter vs. United States

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districofcolumbiaprelawland-blog · 5 years ago

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How The Supreme Court Decides What Cases To Hear

By Trevor Haefner, The George Washington University, Class of 2020

September 25, 2020

The passing of Associate Justice Ruth Bader Ginsburg is a national tragedy, and her legacy of fighting for women's rights will not be forgotten. Her vacancy has provided President Trump with the opportunity to fill the position with a new justice. The process is sure to be tumultuous as an election is looming in the near future. This article will not focus on the process of nominating and appointing a new justice. Instead, this article will focus on the aftermath of an appointment. More specifically, how the Supreme Court decides what cases to hear. The nomination of new justice has created tension between both sides of the aisle, but it is crucial to remember that any conservative or liberal decisions made by the Court first require agenda setting. This means that it does not only matter how a justice would decide on a particular case but how cases are brought to the Court in the first place.

First, the Constitution gives the Supreme Court original jurisdiction which means it is responsible for all cases affecting ambassadors, and other public ministers and consuls. Also, controversies between states or between state(s) and the federal government will be brought to the highest Court in the land, unless extenuating circumstances exist. These types of cases make up an insignificant amount of the total petitions brought to the Court, as usually only five are filed during one term [1]. Original jurisdiction is relatively simple to understand because the Constitution outlines the Court's role. It is explaining how the thousands of other cases that are delivered the Court get chosen that is quite difficult.

Each year the Court receives around 10,000 petitions each year [2]. This exceedingly high volume for only nine people to deliberate on almost sounds absurd, but each justice is allowed to have four law clerks [3]. Clerks, as well as staff members of in office of the Supreme Court, act as an initial filter for the myriad of cases. An overlooked but important part of submitting a petition to the Court is formatting. The briefs are required to "prepared in a 6⅛-by-9¼-inch booklet, . . . typeset in a Century family 12-point type with 2-point or more leading between lines," [4]. Fortunately, exceptions to this rule are permitted if a party is unable to pay for the fees of preparing a brief. Forma pauperis briefs have looser restrictions and allow people in need to submit briefs on 8½-by-11-inch paper. The Court seems to be most concerned with the legibility of the documents [5]. As clerks overview petitions, the ones they deem important are given an identification number known as a "docket number" and provides each justice a copy of the memo. Currently, all of the justices, except Samuel Alito and Neil Gorsuch, use the "certiorari pool system." In this system, clerks from the different chambers work together by reading and then writing memos on the petitions. Justices also enjoy hearing feedback from their clerks to help them determine what cases should be deliberated by the Court [6]

Another gatekeeper in the process of choosing cases comes from the chief justice. Before the justices' meeting, where they decided what cases to hear, the chief justice creates a "discuss list" containing cases that he believes the Court should examine. In order of seniority, any justice may add cases to this list but no cases can be removed from the list. This eliminates a large swath of cases, less than a third of all the cases make it to the list [7]. Although there is no published record of these meetings, sources have a general understanding of the process. In the meeting, the chief justice usually presents the facts of a petition and states what his vote would be, then the associate justices provide their insight. It is tradition for the Court to adhere to the "Rule of Four" [8]. This rule grants writ of certiorari if four out of the nine justices feel the case has merit. A writ of certiorari is a legal order from a high court for a lower court to send the records of the case to them for review. Once this process is complete the Court will hear anywhere from 75-85 cases during one term [9].

Now that the process of deciding cases has been explained, it still leaves the question of what factors sway justices to pick certain cases. An important factor is justiciability which means that the case needs to be appropriate for the Court to hear. Cases that are moot, advisory, ask political questions, or do not contain an actual controversy are the least likely to be heard [10]. Rule 10, created by the Court, brings attention to resolving conflicts in lower courts. If federal courts have differing opinions or if state courts rulings clash with federal courts, they are extremely likely to be heard [11]. Elite lawyers also have a high chance of their cases being accepted. The U.S. solicitor general, who represents the U.S. government, has about 70 to 80 percent of his or her petitions heard [12]. This is because solicitor generals are closely involved in Supreme Court litigation; therefore, they have in-depth knowledge of the Court that other litigators do not. Other elite lawyers who work with the solicitor general are also more likely to have their cases heard. All lawyers, no matter what status, can increase their chances of having their submission decided by the Court if they file an amicus brief, "friend of the court" [13]. This increases the justices' interest because writing on the behalf of interest groups or third parties infer that the case will apply to a large group of people. This is also because it is uncommon for a petition to be accompanied by amicus briefs, less than 10 percent of petitions contain one [14]. The rarity of these accompanying briefs peaks the justices' curiosity.

Finally, research demonstrates that justices are aware of their political tendencies and what cases they hear are connected to their political ideologies. For example, under Chief Justice Earl Warren's Court, it was more likely for the justices to hear cases where lower courts gave conservative decisions because of his liberal viewpoint. On the other side, Chief Justice Warren Burger's Court took liberal decisions and made an effort to reserve those results [15]. Overall, the decision-making process the Supreme Court utilizes to accept petitions is shrouded in some mystery as their meetings are not subject to public record. The accessible scholarship has revealed a significant amount of information that allows followers of the Court to better understand how they function.

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[1] Supreme Court Historical Society. (n.d.). Retrieved September 24, 2020, fromhttps://supremecourthistory.org/htcw_casesthecourthears.html.

[2] The U.S. Supreme Court. (n.d.). Retrieved September 24, 2020, from https://judiciallearningcenter.org/the-us-supreme-court/.

[3] Epstein, L., & Walker, T. G. (2020). Constitutional law for a changing America: Institutional powers and constraints (10th ed.). Thousand Oaks, CA: CQ Press. doi:https://bookshelf.vitalsource.com/#/books/9781544317922/.

[4] Ibid.

[5] Ibid.

[6] Ibid.

[7] Ibid.

[8] Ibid.

[9] The U.S. Supreme Court. (n.d.). Retrieved September 24, 2020, from https://judiciallearningcenter.org/the-us-supreme-court/.

[10] Epstein, L., & Walker, T. G. (2020). Constitutional law for a changing America: Institutional powers and constraints (10th ed.). Thousand Oaks, CA: CQ Press. doi:https://bookshelf.vitalsource.com/#/books/9781544317922/.

[11] Ibid.

[12] Ibid.

[13] Ibid.

[14] Ibid.

[15] Ibid.

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supremekalmllc · 5 years ago

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New Post has been published on https://supremekalm.com/does-the-fair-labor-standards-act-apply-to-cannabisbusinesses-the-u-s-supreme-court-may-decide/

Does the Fair Labor Standards Act Apply to Cannabis Businesses? The U.S. Supreme Court May Decide

Cannabis isn’t federally legal. Companies who operate in the cannabis space really only have the protection of the state’s laws in which they operate. Even full compliance with state laws is no shield to federal penalties or enforcement. Also, there is always a risk that cannabis contracts may not be upheld in court because they involve a federally illegal substance. For these reasons, we see a lot of really strange things in cannabis law that don’t really happen anywhere else. I wrote about this late last year. See here.

One of the things that prompted my last post was the federal appellate court decision before the Tenth Circuit Court of Appeals in Kenney v. Helix TCS, Inc. For a full summary of that case, you can read our post here. For a cliffâ€™s note version:

Helix TCS, INC. (â€œHelixâ€) provides security services to cannabis businesses. Kenney, an employee of Helix, was classified as an exempt employee, meaning Helix did not pay him overtime pursuant to the requirements of the FLSA. Kenney brought suit against Helix claiming he was misclassified as exempt and should have been paid overtime.

Helix moved to dismiss the case, arguing that Kenney was not entitled to the protections of the FLSA because cannabis was entirely forbidden under the CSA. The district court denied the motion to dismiss but certified the ruling for immediate appeal to the Tenth Circuit Court of Appeals.

On Appeal, Helix contends that its employees are not entitled to the protections of the FLSA. Helixâ€™s main argument is that all participants in state recreational marijuana industries assume the risk that their activities will subject them to federal criminal sanctions and therefore they are not entitled to benefits under federal law, and cannot expect federal court to aid their conduct. Essentially Helix is arguing that the federal government would be assisting employees in drug trafficking if they afforded the employees the protections of the FLSA.

On September 20, 2019, a three-judge panel of the Tenth Circuit issued an opinion unanimously disagreeing with Helix and holding conclusively that the FLSA does apply to cannabis businesses. In one part of the Kenney opinion, the court noted that â€œcase law has repeatedly confirmed that employers are not excused from complying with federal laws just because their business practices are federally prohibited.â€

The opinion was concise and clear: â€œthe FLSA is focused on regulating the activity of businesses, in part on behalf of the individual workersâ€™ well-being, rather than regulating the legality of individual workersâ€™ activities.â€ In conclusion, the court held that the FLSA does apply to cannabis companies and allowed the case to proceed. It seemed like this would be the end of the issue. It was not.

After the Helix opinion was issued, Helix asked the Tenth Circuit judges to rehear the case en banc. This is just a legal way of saying they wanted all judges in the appellate court to rehear the case unanimously. That request was denied earlier this year. Then, Helix filed a petition for writ of certiorari with the United States Supreme Court (i.e., they asked the Supreme Court to decide that the Tenth Circuit got the issue wrong).

To be clear, this case probably is going nowhere. The vast majority of Supreme Court certiorari petitions are not granted and those cases are not reheard. In those cases, the ruling of the applicable appellate court panel will stand. Chances are, the U.S. Supreme Court will not even review this case.

But what happens if the Supreme Court does review the case? Will the court actually disagree with the Tenth Circuit? Probably not. Itâ€™s hard to see how the Court would disagree that federal employment laws apply to cannabis businesses. Itâ€™s settled law at this point that tax laws apply to cannabis businesses, for example. Even though those laws are admittedly very different, we just do not think the Court would give cannabis companies carte blanche to not comply with federal wage laws.

Also very possible is the risk of drastically unintended consequences. If the Court takes the case up, it may reaffirm federal illegality in a manner that is very detrimental to states that have legalized cannabis and operators within those states. There is a lot we donâ€™t yet know about how this will unfold. Stay tuned to the Canna Law Blog for more updates.

The post Does the Fair Labor Standards Act Apply to Cannabis Businesses? The U.S. Supreme Court May Decide appeared first on Harris Bricken.

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ledxlaw · 3 years ago

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Types of Writs In the Indian Constitution

Writs a word no one can be unfamiliar with, especially a law student. This word holds a lot of importance and power. Legal professionals in the field of civil law, criminal law, or any other legal field must come across these writs and cases related to them at least once in their whole career. It is necessary for law aspirants to know what they are, how many types of writs are there in the Indian constitution and when they are used, all these are a little difficult to grasp at once that’s why many online legal courses make sure to teach or mention writs in lectures once in a while. So, What are writs? A writ is a legal order to do or not do something issued by the court of law or in simple terms, the writ means an order, given by the authority.

In the Indian, Constitution writs mean, “ Writs are the written order from the Supreme court or High Courts that commands constitutional remedies for the Indian constitution against any kind of violation of their fundamental rights.” This order can be given to any individual, organization or state, that has violated the fundamental rights of a citizen. The power to issue Writs is considered the most important tool which is given to the Courts by the Indian constitution. This makes them, very essential part of the Indian judiciary system.

Writs in Indian constitution:

Article 32 (i.e, according to Article 32, an individual can move to the supreme court of India when their fundamental rights are being violated or destitute and the Supreme court has the power to issue directions and orders or writs for the enforcement of the Fundamental Rights) and Article 226( This article confers power to High Court to issue writs to any person or authority within their jurisdiction for the enforcement of the fundamental rights or any legal rights) of the Indian constitution, gives power to the Supreme Court and High Court of India to issue writs. Article 32 is a fundamental right ( Right to Constitutional Remedies) which makes it unrefutable and absolute.

About Writs Petition:

A writ petition can be filed by any individual, whose Fundamental rights have been violated or are being deprived of their rights by the state or an individual. This petition can be filed either in High Court or Supreme Court. There is a complete procedure for filing this petition with required documents and requires a legal professional for the process of petition filling. Thus every legal writ petition requires a legal professional with complete knowledge and experience in this aspect, that’s why many law aspirants opt for online legal certification courses to learn about this process from top legal industry experts.

Types of Writs In Indian Constitution:

The constitution of India provides five types of writs which can be issued by the court, they are as follows;

Habeas Corpus

Mandamus

Prohibition

Certiorari

Quo-Warranto

Habeas Corpus:

Writ Habeas Corpus is the translation of Latin words “To find the Body of” or “You(shall) have the body”. This kind of writ is issued by the court, to order an individual, an authority or a police department to produce a body or present physically the person who is illegally detained in front of the court. The writ Habeas Corpus is used in the enforcement of the fundamental right of liberty of an individual against detention. The petition of this type of writ can be filed in the Supreme court or High court by the public, relatives or friends of the person who is alleged, to be in illegal detention. But this writ is not applicable if the detention is lawful, and is for contempt of Court.

Mandamus:

Indian Constitution provides another writ jurisdiction “Mandamus” which in Latin means “We Command”. This writ is issued by the court to an authority to perform the public duty which they are bound to perform but refused or failed to do so. This writ can be issued to a public individual, public authority, public body, lower courts or government tribunals. This writ can only be passed when a public authority denies performing its duty when asked by the petitioner. But this writ can not be issued when the duty was optional, not mandatory or against the Chief Justice of India, or any private individual or organization.

Certiorari:

The meaning of the writ Certiorari is “to be certified” or “to be informed”. This writ is issued by the Higher court to the lower court against the order passed by them in cases, and also to direct them to pass the pending case to the higher court. This writ is passed rarely and issued only when the Higher court feels that the tribunal court or lower court has passed a judgement or taken a case which is beyond their power or jurisdiction. Before this writ is issued only to judicial courts and quasi-judicial courts. After 1991, this writ can be issued to both the judicial and administrative systems. This writ can be issued only after the judgement is passed.

Prohibition:

As the word suggests itself, the meaning of the writ of Prohibition is “to forbid”. The Higher court(such as the Supreme court and High Court) issues the writ of prohibition to the lower courts or quasi or tribunal judicial bodies when this court tries to cross their power or jurisdiction limit. The prohibition writ cannot be issued against any public or private individual, authorities or bodies.

Quo-Warranto:

The term of writ Quo-Warranto means “by what warrant. This writ issued is issued, to an individual holding a public office or issued by the court to the public official asking them by which authority did they hold the public offices. This writ also reviews the action of administrative authorities who make appointments to the public offices. This writ is applicable to only public offices and not to a private individual or organization.

Conclusion:

These are the 5 writs i.e, Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto of the Indian Constitution. The most widely issued writ is Mandamus, the other rest. These writs are said to be taken from British law in old times. For every citizen of India, it is necessary to know all these writs and situations and the requirements for filing them. Also, every law aspirant must be versed in these writs, as it will help them in their career. Many online legal learning platforms provide information about the writs of the Indian constitution through online law certification courses in India. The violation of Fundamental rights is a crime and these writs are protection given by the framers of the Indian Constitution to their country’s citizen's most basic rights.

#online legal courses

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