#TheInfiniteStare #Unprepared #PainfulWithATwist #50WaysToLeaveALawyer

A few answers for next time. Thank you Wikipedia!:

Federal Rules of Civil Procedure

Federal Rules of Evidence

The Daubert Standard: The Daubert standard provides a rule of evidence regarding the admissibility of expert witnesses‘ testimony during United States federal legal proceedings. Pursuant to this standard, a party may raise a Daubert motion, which is a special case of motion in limine raised before or during trial to exclude the presentation of unqualified evidence to the jury.

In U.S. law, a motion in limine (Latin: “at the start”, literally, “on the threshold”) (Latin pronunciation: [ɪn ˈliːmɪˌne] in LEE-min-ay) is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. The motion is decided by a judge in both civil and criminal proceedings. It is frequently used at pre-trial hearings or during trial, and it can be used at both the state and federal levels.

An abstention doctrine is any of several doctrines that a court of law in the United States of America may (or in some cases must) apply to refuse to hear a case if hearing the case would potentially intrude upon the powers of another court. Such doctrines are usually invoked where lawsuits involving the same issues are brought in two different court systems at the same time (such as federal and state courts within a federal system).

Younger abstention, named for Younger v. Harris, 401 U.S. 37 (1971), is less permissive to the federal courts, barring them from hearing civil rights tort claims brought by a person who is currently being prosecuted for a matter arising from that claim in state court. For example, if an individual who was charged with drug possession under a state law believes that the search was illegal, and in violation of their Fourth Amendment rights, that person may have a cause of action to sue the state for illegally searching him. However, a federal court will not hear the case until the person is convicted of the crime. The doctrine has been extended to state civil proceedings in aid of and closely related to state criminal statutes,[2]administrative proceedings initiated by a State agency,[3] or situations where the State has jailed a person for contempt of court.[4] The doctrine applies even where the state does not bring an action until after the person has filed a lawsuit in federal court, provided that the federal court has not yet undergone proceedings of substance on the merits of the federal suit.

Pullman abstention was the first “doctrine of abstention” to be announced by the Court, and is named for Railroad Commission v. Pullman Co., 312 U.S. 496 (1941). Concisely, the doctrine holds that “the federal courts should not adjudicate the constitutionality of state enactments fairly open to interpretation until the state courts have been afforded a reasonable opportunity to pass on them.”[1] This doctrine permits a federal court to stay a plaintiff’s claim that a state law violates the United States Constitution until the state’s judiciary has had an opportunity to apply the law to the plaintiff’s particular case. The hope is to avoid a federal constitutional ruling by allowing the state courts to construe the law in a way that eliminates the constitutional problem or to rule it void under the state’s own constitution.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s