Removal Definition Legal Dictionary
At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. n.1) the modification of a dispute from one court to another, for example from a state court to a federal court or vice versa on the basis of a request by one of the parties stating that the other court is more appropriate for the case. 2) Removal from the position of public official for cause, such as dishonesty, incompetence, conviction of a crime or successful dismissal. The FindLaw Legal Dictionary – free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. Abogado.com The #1 Spanish Legal Site for Consumers On this page, you will find the legal definition and meaning of deletion, written in plain English, as well as examples of how it is used. LawInfo.com National Directory of Lawyers and Legal Resources for Consumers (n) Revocation is the transfer of judicial proceedings from one court or place to another court or place on the basis of a request transmitted by a disputing party after weighing the merits of the new court or place of jurisdiction. The impeachment process raises serious questions about federalism, the relationship between states and the federal government. The idea of a federal court ousting a state court from a lawsuit already underway in the state is somewhat troubling. The deportation procedure itself highlights the potential for conflict. A person sued in state court files a petition in the nearest federal court to have the lawsuit quashed, resulting in the prosecution being referred to federal court.
A copy of this petition will then be filed with the State Court. The state court may not take any further action unless the federal court refers or remands the case. The process generally works well because federal judges are careful to recognize the legitimate interests of states in determining cases that are not necessarily federal in nature. The transfer of a person or thing from one place to another. The transfer of a case from one court to another. In this sense, the reference generally refers to a transfer from one court of one jurisdiction to a court of another, while a change of jurisdiction may simply be granted to transfer a thing to another place in the same jurisdiction. If a plaintiff has more than one claim against a defendant and not all claims can be remanded, it is not clear whether the entire matter should be referred to the appropriate federal court. Sometimes, individual claims that support federal jurisdiction can be severed and heard individually in Federal Court. This can happen if the removable claims are so different that they can be determined by themselves. Otherwise, they must be tried together. A federal court has the discretion to assess the circumstances and decide each case on its own facts.
The plaintiff`s right to choose the court must be balanced against the defendant`s right to go to federal court if there is federal jurisdiction. The same considerations apply when there are multiple defendants, and some have the right to have the case withdrawn, but others are not. When there are multiple defendants and multiple claims, the reasoning can get quite confusing. Are you a lawyer? Visit our professional website » FindLaw.com Free and reliable legal information for consumers and legal professionals Normally, a plaintiff has the right to choose the court in which he will bring an action. An important exception to this rule is the defendant`s right to have a case transferred from state court to federal court in certain circumstances. Federal law explains this right of expulsion in detail. It is only available if the Federal Court has jurisdiction to hear such a case. This right can only be invoked by a defendant; A plaintiff may not seek referral of a case he has brought to state court, even after the defendant has filed a counterclaim against the plaintiff that would justify the exercise of federal jurisdiction. SuperLawyers.com directory of American lawyers with the exclusive Super Lawyers rating. National Association for Court Management definition of revocation: The transfer of a state case to a federal court for trial; in civil matters, because the parties come from different States; in criminal cases and some civil cases, as there is a high probability that there may not be a fair trial in state courts. Asportation, Avulsion, certiorari, deportation, deprivation, exhumation, dismissal, satisfaction, translation.