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No Retroactive Application of Ramos v. Louisiana on Federal Review

by uslawessentials | Jun 2, 2021 | Caselaw, Supreme Court News, The Constitution, Uncategorized, video

  Two recent Supreme Court decisions provide an excellent example of how case law develops in the United States and when decisions have retroactive application. We’ll first the 2020 decision in Ramos v. Louisiana, and then summarize the Supreme...

What are the differences among Negotiation, Mediation, Arbitration, and Litigation?

by uslawessentials | Aug 3, 2020 | ADR, Legal English, video, What does . . . mean?

Negotiation, Mediation, Arbitration, and Litigation are all Forms of Dispute Resolution but Each is Different Sometimes parties get into a legal dispute. For example, parties to a contract might argue that the other party breached the contract. Neighbors might argue...

What is qualified immunity?

by uslawessentials | Jun 13, 2020 | The Constitution, video, What does . . . mean?

What is qualified immunity? As explained by the Supreme Court of the United States, the “doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or...

What is the crime of attempt?

by uslawessentials | Apr 3, 2020 | Criminal Law, video, What does . . . mean?

What is the crime of attempt? Attempt is a type of inchoate crime – – meaning that the crime was not completed. Although there is some variation from state to state, a defendant is guilty of attempt if the prosecutor can prove two elements: (i) the...

What is the tort of assault?

by uslawessentials | Sep 21, 2019 | Torts, video, What does . . . mean?

Assault is an intentional tort where defendant causes plaintiff to apprehend imminent harmful or offensive contact Be sure to watch the video below and try the quiz, too. If you ever played a game as a child in which you and your friends tried to make each other...

How is the amount in controversy determined when plaintiff seeks only injunctive relief?

by uslawessentials | Sep 10, 2019 | Civil Procedure, video

When a plaintiff seeks injunctive relief, federal courts calculate the amount in controvery based on the value of the object of the lawsuit   Diversity Jurisdiction Review Federal courts, as courts of limited jurisdiction, only have the power to hear certain...
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