Format of a Motion to Stay Case Pending Arbitration? This response on SE states that a motion consists of the following components: motion header; the facts on which your motion is premised; the relief you expect from that motion; a brief, where the party develops his legal arguments and presents laws favoring his position. Should one wish to file a motion to stay case pending arbitration in a landlord tenant case, must these 4 elements be clearly segregated? Is there a specific template / document that must be used to file a motion or any document can be submitted as long as the four elements are contained somewhere in the doc?
Someone has pulled a sample motion of this type off of PACER (the public access Internet portal to civil filings in federal court). The example is more formal and structured than a lot of state court motion practice would be, however (e.g. few state court's require or encourage motions with a table of contents and a table of authorities). This example is 36 pages long, and many states don't even allow motions to run for more than 10-15 pages without leave of the court to do so in advance. There is a New Jersey federal court example here which is also on the formal and fussy side (although, in part, because the motion isn't just an arbitration motion and is also raising several additional unrelated issues which if omitted would cut it in half). See also one here. Another example, from a California state court, is closer to the mark for a typical state court filing. A court that handles residential landlord-tenant matters is probably even more &quot;casual&quot; and probably expects motions to get to the point more quickly. The core content is probably solid, although it would have to be customized to reference the state law statutory and procedural rules rather than the federal rules of civil procedure, and to analyze and set forth the facts of your case rather than those of some random person whose pleading is linked. This would also have to be adopted to state court practice standard, which typically uses different formatting for captions, signature blocks, whether or not line numbering is required, etc., and is often subject to other requirements. Some require that a certificate of service be filed as a separate document, while others routinely incorporate it in the main document. Many state courts require that a proposed order be submitted with a motion as a matter of state or local court rules, a few states require a cover sheet to be filed with motions, many states require you to confer with the other side in the case and to recite their position opposing or supporting the motion, or something in between, before filing it, and some courts require you to notify them once the deadline for a response has passed, regarding whether an opposition has been filed to the motion's request for relief or not. Similarly, some states courts require that motions be &quot;verified&quot; (i.e. have their allegations confirmed under oath) or supported by an affidavit setting forth the factual matters alleged in them. New York State structures a lot of motions as &quot;orders to show cause&quot; in which the court preliminarily reviews the relief requested and issues an order telling the other side that it will do something if they don't file an objection showing good cause for the court not to rule in that way by a given day, which must be formally delivered (i.e. &quot;served&quot;) upon the other side by a deadline. I don't know if New Jersey local motion practice is similar. Many court systems also charge a &quot;new case&quot; filing fee for motions to compel arbitration that does not apply to other kinds of motions. Ideally, you'd want to review some motions (about pretty much anything) to get a feel for how this is usually done in New Jersey.
Contracts do not have to be written and signed on pieces of paper, except in a few cases specified by law. Writing style (ordinary style of talking vs. high-register formulaic language) does not affect the validity or a writing in contract law. You do have something in writing. What matters most is what he actually said (exact words, not your belief of what it must have meant), and how it relates to any existing contractual obligation. For example if the message says &quot;You're fired, turn your badge in at the desk. I'll think about giving you two weeks pay&quot;, that's not an enforceable promise. But your existing contract might say &quot;You get 2 weeks severance pay when we fire you&quot;, and that can't be walked by by saying &quot;I'll thinking about it&quot;. And it also depends on whether there are any laws mandating severance pay (but California does not have any mandatory severance pay law).
Yes The case you want to know about is Cohen v. California: A young man was arrested for wearing a jacket with the words &quot;Fuck the Draft&quot; and SCOTUS decided, that that was First Amendment-protected speech and the arrest illegal. The phrase מנא מנא תקל ופרסין is in Akkadian or Aramaic language but Hebrew script (as opposed to the Akkadian Cuneiform) and can be transcribed as Mene Mene Tekel Upharsin. It is also known in German as &quot;Menetekel&quot; or in English as the &quot;Writing on the wall&quot;. It stems from the biblical episode of Belshazzar's feast. Literally, the text would be read as &quot;counted, counted, weighed, distributed&quot;. Its meaning elaborated in Daniel 5 is generally understood as &quot;Your days are numbered; Your days are numbered; You have been measured and found wanting; Your kingdom will fall and be divided&quot;. While stemming from religious texts, in the depicted situation it is more likely meant as political speech, and in that fashion indistinguishable from a flag. It also does not call for imminent lawless action - the so-called Brandenburg Test after Brandenburg v Ohio - and thus remains in the protected speech area. Remember, that even preaching genocide can be First amendment protected, as long as that line of imminent lawless action is not overstepped. As this phrase does neither, it is protected speech.
There is no opinion from the Ninth Circuit. I just checked PACER, and there is a docketed order dated May 18, 2016: Filed order (STEPHEN REINHARDT, MARY H. MURGUIA and JOHN B. OWENS) We have reviewed appellant’s opening brief, appellees’ motion for summary affirmance and appellant’s opposition thereto. We conclude that the questions raised in this appeal are so insubstantial as not to require further argument. Accordingly, we grant appellee’s motion for summary affirmance. See United States v. Hooton, 693 F.2d 857 (9th Cir.1982) (per curiam) (summary affirmance appropriate where the result is clear from the face of record); see Mullis v. United States Bankr. Court for Dist. of Nevada, 828 F.2d 1385, 1388, 1394 (9th Cir. 1987) (judges are immune from civil liability for damages and for declaratory relief for their judicial acts). AFFIRMED. [9981929] (WL) [Entered: 05/18/2016 02:48 PM] I downloaded Jaffe's Ninth Circuit brief and it's a pretty dull work of a crank. I use the RECAP Mozilla add-on, so the Ninth Circuit docket and brief should show up on RECAP soon. Go to https://www.courtlistener.com/ and in "Advanced Search", search on docket no. 15-56328. Based on past experience it should show up in a day or two. But that's the Ninth Circuit brief, not the SCOTUS one you're looking for; unfortunately, the U.S. Supreme Court is the one US court that is not searchable via PACER. You're limited to the docket, opinions and orders that the Court publishes on its site. For more legitimate cases, briefs can often be found on either SCOTUSBlog or the ABA's briefs page, but not in this case.
Yes, they still have to go through the normal eviction process and must still provide the minimum number of days required by their local jurisdiction in order to vacate the property. By moving in and establishing residency, the tenant and landlord form an implied lease - the tenant does not need anything in writing in order to establish their legal rights to tenancy. More information: No written lease--Am I in trouble?
Canada's local court systems and procedural rules vary, especially at the lowest level, by province. So, I'm just stating some general principals. General speaking legal arguments are limited to closing arguments of the parties after all of the evidence has been presented by both sides (because this limits legal arguments to those with evidentiary support rather than merely hypothetical arguments). Opening arguments are usually supposed to be limited to a recitation of what the facts in the case will show. Presentation of evidence and examination of witnesses is also not a time for this to be done. Some courts in some jurisdictions allow a defendant to make a "half-time motion" at the close of the prosecution's case, arguing that the prosecution has failed to meet their burden of proof to establish grounds for a conviction before the defense presents the defense's evidence. But, such formalities are often dispensed with in traffic court. Some courts allow post-trial motions to be made after a verdict within a certain number of days set by court rule asking the court to reconsider its decision or overturn a jury verdict, although these aren't always available in a traffic court case. Sometimes these issues are also raised in a pre-trial trial brief or in motion practice prior to trial. The amount of time allowed for closing, and discretion to consider arguments at times other than time usually allowed are in the discretion of the trial judge. Usually, courts are more lenient regarding formalities when a non-attorney is arguing a case. Usually, there is less opportunity to raise legal arguments following a trial if the traffic court is not a court of record and appeal is by trial de novo in a higher court, and there is more opportunity to do so if the trial is in a "court of record" in which a transcript is maintained and if the trial is a jury trial (although in a jury trial, the legal arguments are made out of the presence of the jury in a hearing over jury instructions, rather than before the jury). In a traffic case in a court of record, in front of a judge, five or ten minutes, at most, would be typical and trial briefs would rarely be considered, but the judge might listen longer or take the case under advisement and ask for further briefing, if the judge thinks that there is merit to a legal argument and wants to do further research (which would be extremely unusual in a traffic case).
Usually I would think one answer to a question is enough. But since your edits have transformed a reasonable procedural question into what appears to be a rant about unfairness of the sort which any bankruptcy court has heard hundreds of times before, I will give another piece of advice: Focus on one thing at a time. The judge at the hearing of the application will be deciding (if your question is accurate) the single point whether a house should be sold. The submission "There is an application to annul the bankruptcy to be heard on XXX; if it succeeds this application is a waste of money and if it fails there will still be time for this application before the time limit, so you should adjourn till YYY" is a reasonable one that he will take into account. Saying "The bankruptcy order should never have been made; it was a mistake by my accountants and HMRC, and a High Court Judge joined in the conspiracy" will get you precisely nowhere. Even if the judge believed you rather than the written evidence, it has no bearing on the point he is being asked to decide. More generally; besides casting your arguments into proper shape, there is another good reason to consult a professional, namely that he can tell you when to give up. The courts are bound by laws and regulations; however unfair you may think the result, at some point it is necessary to accept the reality rather than wasting time and money making points that the law cares nothing about. (And no, I see no point discussing this further in comments. This answer can be upvoted if you think it helpful or downvoted if you think it "not useful"; it isn't something to argue against.)
A good starting point would be the SCOTUS opinion, or everything on SCOTUSblog, especially the application for injunctive relief filed on Aug. 30. There is a long sequence of petitions and orders which ask the courts either to issue an injunction preventing the law from taking force, or to vacate an administrative stay of proceedings by the lower court regarding petitioner's challenge. The lower court denied the petitions, therefore petitioners turn to SCOTUS to get an injunction against the law. Then you can turn to the SCOTUS opinion to see what the reasons were, for and against the petition. The majority position is that an applicant must carry the burden of making a “strong showing” that it is “likely to succeed on the merits,” that it will be “irreparably injured absent a stay,” that the balance of the equities favors it, and that a stay is consistent with the public interest. The majority concludes that The applicants now before us have raised serious questions regarding the constitutionality of the Texas law at issue. But their application also presents complex and novel antecedent procedural questions on which they have not carried their burden. Immediately after this the court comments that federal courts enjoy the power to enjoin individuals tasked with enforcing laws, not the laws themselves. However, it is unclear whether the named defendants in this lawsuit can or will seek to enforce the Texas law against the applicants in a manner that might permit our intervention The law states that Any person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person who and the named respondents (government workers of various sorts) all appear to be precluded from filing an action – thus an injunction against the judge is superfluous since he cannot file a lawsuit anyhow. It is also unclear whether SCOTUS can issue an injunction against state judges asked to decide a lawsuit under Texas’s law. When SCOTUS say &quot;it is unclear&quot; in this context, they mean that petitions did not adequately demonstrate that the court can in fact issue such an injunction. It's not that SCOTUS cannot decide such matters after extensive consideration of the facts / arguments and discussion, it's that the standards for an emergency action require something that the court found lacking in the petition: we cannot say the applicants have met their burden to prevail in an injunction or stay application. In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit.