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| Petition for Interpretation – This petition asks the Court to interpret some aspect of the Constitution or rules of Parliament, which can hold legal force at a future date. Interpretations do not have any immediate binding effect. For example, if two or more people disagree on what a specific rule means, then any Alexandrian citizen, except members of the Court, can submit a petition and receive an answer on how the Court reads the rules. (individual justice, brief optional, amicus at court’s discretion, can be appealed) Petition for Injunction – This is a court order that prevents a party from doing a certain act (or acts). Preliminary injunctions often precede the hearing of these cases, in order to prevent the party from doing the act while the case is being heard. Emergency (or temporary) injunctions are used when the act in question is occurring currently or shortly. For example, the Speaker of the Parliament calls a vote on a critical issue but one person takes objection to the way the vote was called and asks the Court for an injunction. Until the issue is decided, the Court would likely issue a preliminary injunction to prevent the Speaker from finishing the vote while the Court works. (individual justice, brief mandatory, amicus at court’s discretion, can be appealed) Petition for Writ of Mandate (Mandamus) – This is a court order that commands some party to do an act he or she is not currently doing. Mandamus applies when the law provides no specific remedy but the principles of law call for some remedy. For example, the Speaker is holding onto bills he or she disagrees with but sending others to Parliament, and so after receiving a petition, the Court can decide to use mandamus and order the Speaker to send the bills. (individual justice, brief mandatory, amicus at court’s discretion, can be appealed) Petition for Writ of Cert. (Certiorari) – This is a petition for the Court to hear an appeal of a case from a lower court, one of the most famous jobs of the Court. The petitioner is always the one who lost the previous ruling. A good petition includes a list of the involved parties (and counsel), a statement of facts, the legal question(s) presented for review, and why the Court should hear the case. Somebody who lost a case heard by a single Justice could use cert. to appeal to the full bench. Alternatively, Petitioners can make up fictional (but believable) cases on real issues and appeal to the High Court. For example, if somebody wants to make a case about affirmative action and submits a petition giving a brief fictional situation and a loss in lower court, then gives it to the Court. If it accepts the case, the Court can decide the constitutionality and legality of affirmative action, even though the situation was fiction. (full bench, brief mandatory, amicus at court’s discretion, cannot be appealed) Petition for Arbitration – When two members have a dispute that cannot be resolved through any other petition, this petition allows them to ask the Court for arbitration. The petition must include the parties, the facts and the relief sought. (individual justice, brief mandatory, amicus at court's discretion, can be appealed) Motion to Dismiss – When a brief fails to make a complete or effective case, doesn’t meet legal requirements, or the facts and circumstances of the case have changed, the Respondent can move (make a motion) to dismiss. The Petitioner can simply withdraw most cases. For example, if Petitioner doesn’t submit a brief by the Court’s deadline, then Respondent can move (make a motion) to dismiss the case entirely. Motion for Joinder – When a Petitioner or Respondent is added to an existing case, joinder comes into play. Parties may be added as Petitioners or Respondent through joinder, often intentionally, when it can be reasonably shown they have a personal stake in the case. Motion to Consolidate – When separate, existing cases are joined together. Often this is also called joinder, but this motion has been added to reduce confusion. Similar cases can be linked through consolidation if they cover very similar issues of law and have the same Petitioner(s) or the same Respondent(s). Motion for Reconsideration and Stay – This motion asks the Court or Justice to overrule a prior holding from itself (or himself or herself). It must describe the facts of the situation, explain the judicial relief sought, and it includes the mistakes in judicial conduct, fact, law or judgment that justify the motion. This is rarely used unless there was a factual error or obvious legal mistake in the decision. Motion for Recusal – When Counsel has an ethical or constitutional conflict with taking a case, especially when it would injure his or her client, recusal allows Counsel to withdraw. The Court, in accepting this motion, would then find new representation for the former client, if needed. |
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| Petitioner – The party bringing a case or suit to Court. This is the party listed first in the court documents and the name of the trial. For example: Petitioner v. Jones. In criminal trials, this is the Plaintiff. Respondent – The party being brought to Court by Petitioner. This is the party listed second in the court documents and the name of the trial. For example: Smith v. Respondent. In criminal trials, this is the Defendant. Party – In court language, this refers to a person or a group involved in a case. It does not mean just a political party, although a political party can be a party in court cases. A party could be one person or many people. Counsel – This means a lawyer, who is representing a party in some legal action. Brief – The written document used by Petitioner, Respondent and others to persuade the Court of a specific legal or constitutional point of view. It contains facts of a case and the laws that apply, then argues for a specific interpretation or ruling by the Court. Briefs only come after submitting a petition and after the Court has called for briefs. They must meet specific deadlines set by the Court. Amicus (Curiae) Brief – ‘friend (of the court)’ – Whenever a party besides the Petitioner or Respondent seeks to argue a case, that is said to be an amicus brief. Amicus briefs must be allowed by the Court and must obey deadlines. They do not have to argue the same points of law as the party they side with, nor do they need permission from Petitioner or Respondent to make any argument. Oral Arguments – When the Court calls for argumentation beyond the briefs and asks the parties to engage in a give and take discussion. The parties offer opening statements, then the Justices ask questions and the parties give closing statements. Many cases never have oral arguments. Ex Parte – ‘by one side’ – Whenever a judge meets with only one party or one side of a case or makes a ruling based on speaking only with one side, that is said to be ex parte. Most ex parte meetings and rulings are strictly prohibited for obvious reasons of fairness. Emergency and preliminary injunctions can be issued ex parte, only hearing from one side, and interpretations can be done from start to finish with only one person addressing the Court. Appeal – When a party loses in court he or she can appeal the issue to a higher court. A petition for a writ of cert. is the most common method of appealing to the Supreme Court. Dismissal With Prejudice – This is when a case is thrown out, often due to lack of briefs or involvement from the Petitioner, who is not allowed to try again and bring up a new suit on the same claim. Dismissal Without Prejudice – This is when a case is thrown out, but the Petitioner is allowed to try again and bring a new suit at a later date on the same claim. En Banc – ‘full bench’ – When the entirety of the Court hears a case instead of a single Justice or merely some of the Justices, it is said to be hearing the case en banc. Major issues, such as any case petitioned through cert., and appeals would be heard en banc. Et Al – ‘and others’ – This notation means there are more people involved in a particular situation or case but listing them all would be too lengthy. Instead, it’s shortened and et al replaces their names. Affidavit – A sworn statements of facts presented to the Court in relation to a case. The party providing the information in an affidavit swears under oath that the information is true as far as he or she knows. Lying in affidavit is illegal and you must be sworn in by a notary or a court official. |
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| Petition for Interpretation Tom Jefferson Petitioner I. Petitioner requests a rules interpretation regarding [the subject]. Question(s): [ask the question here so that it can be answered in a yes/no format; ask several questions if need be]? II. Evidence [cite any rules - rules of the House, the Constitution, or anything else that may be relevant -including your own opinion or arguments- and feel free to use several roman numerals to accomplish this task] III. [Thank the High Court; sign your name as Petitioner or counsel for Petitioner] |
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| Petition for [Emergency] Injunction Tom Jefferson Petitioner v. Alex Hamilton Respondent I. Petitioner requests an [emergency] injunction against [state the party and the action to be stopped]. [If you are suing for emergency injunction, give a brief one or two sentences explaining why this is an emergency and/or why it would be somehow irreversible or harmful if the Respondent performed the act while the case was argued]. II. [Explain here again what the Respondent wants to do. Explain why it is against the rules, citing and pasting the rules as you go. Feel free to use several roman numerals to accomplish this task.] III. [Repeat that you are asking for the injunction, but don’t repeat the arguments; thank the Court; sign your name as Petitioner or counsel for Petitioner.] |
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| Petition for Writ of Mandate/Mandamus Tom Jefferson Petitioner v. Alex Hamilton Respondent I. Petitioner requests a writ of mandate/mandamus to [state the party and the action to be performed]. II. [Explain what the Respondent refuses or has failed to do. Explain why the rules support your position, citing and pasting the rules as you go. Feel free to use several roman numerals to accomplish this task.] III. [Repeat that you are asking for the writ, but don’t repeat the arguments; thank the Court; sign your name as Petitioner or counsel for Petitioner.] |
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| Petition for Writ of Cert./Certiorari Province of Baudrix Petitioner v. Alex Hamilton Respondent Counsel Petitioner: Tom Jefferson Respondent: _____________ [leave this blank, the Court will assign somebody] I. Facts/Situation/Background [Explain the facts of the situation. Explain what laws or acts were created or performed, what charges or statements were made and so forth. Include the state or city where the situation took place, if applicable. Do all of this in approximately two to five sentences. Explain in a sentence or two which side took the other to Court and that Petitioner lost in the previous court, possibly with a brief statement of why the courts ruled as they did.] II. [State in whatever format you like the questions of law or constitutionality that your case covers. Point out the specific segments of the Constitution that come into play; quotes are optional. Use several roman numerals if you need them.] III. [Explain the importance of seriousness of the case and give any other reasons why the Court should grant the case.] IV. [Thank the Court; sign your name as Petitioner or counsel for Petitioner.] |
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| Petition for Arbitration Tom Jefferson Petitioner v. Alex Hamilton Respondent I. Petitioner requests an arbitration regarding [Respondent(s)]. [Explain the controversy.] II. Evidence [cite relevant evidence, if any] III. Relief [Explain relief sought - what you are asking the Court to do in resolving this dispute] IV. [Thank the Court; sign your name as Petitioner or counsel for Petitioner] |