What can I expect at a protective order hearing?
What can I expect at a protective order hearing?
It’s much like a mini-trial. Your attorney would have the right to cross examine those witnesses, and then put you or other witnesses on to combat it. Then those people can be cross examined, and then at the end, arguments are made for or against the order, and the judge makes a decision. It’s very much like a trial.
What is a nuclear option in divorce?
The “nuclear option” is a last-resort, break-in-case-of-emergency way for the majority party in the Senate to overcome obstruction by the minority. All it actually involves is changing the rules of the Senate so that a nominee like Gorsuch can be confirmed with a simple majority of 51 votes.
Why is it called the nuclear option?
The term “nuclear option” is an analogy to nuclear weapons being the most extreme option in warfare. In November 2013, Senate Democrats led by Harry Reid used the nuclear option to eliminate the three-fifths vote rule on executive branch nominations and federal judicial appointments.
What is the filibuster rule?
The Senate rules permit a senator, or a series of senators, to speak for as long as they wish, and on any topic they choose, unless “three-fifths of the Senators duly chosen and sworn” (currently 60 out of 100) vote to bring the debate to a close by invoking cloture under Senate Rule XXII.
How many votes does it take to get rid of a filibuster?
That year, the Senate adopted a rule to allow a two-thirds majority to end a filibuster, a procedure known as “cloture.” In 1975 the Senate reduced the number of votes required for cloture from two-thirds of senators voting to three-fifths of all senators duly chosen and sworn, or 60 of the 100-member Senate.
Can you filibuster a Supreme Court nomination?
Confirmation by the Senate allows the President to formally appoint the candidate to the court. In November 2013, the then-Democratic Senate majority eliminated the filibuster for executive branch nominees and judicial nominees except for Supreme Court nominees, invoking the so-called nuclear option.
What is the longest filibuster in history?
The filibuster drew to a close after 24 hours and 18 minutes at 9:12 p.m. on August 29, making it the longest filibuster ever conducted in the Senate to this day. Thurmond was congratulated by Wayne Morse, the previous record holder, who spoke for 22 hours and 26 minutes in 1953.
How long are Supreme Court hearings?
For the most recent nominees to the Court, hearings have lasted for four or five days (although the Senate may decide to hold more hearings if a nomination is perceived as controversial—as was the case with Robert Bork’s nomination in 1987, who had 11 days of hearings).
Is a filibuster in the Constitution?
The filibuster is not codified by the US Constitution, but rather has been incorporated into Senate practice through the Standing Rules of the Senate.
When did Senate filibuster start?
Using the filibuster to delay debate or block legislation has a long history. The term filibuster, from a Dutch word meaning “pirate,” became popular in the United States during the 1850s when it was applied to efforts to hold the Senate floor in order to prevent action on a bill.
What is budget reconciliation in Congress?
Reconciliation is a parliamentary procedure of the United States Congress that expedites the passage of certain budgetary legislation in the United States Senate. Reconciliation bills can be passed on spending, revenue, and the federal debt limit, and the Senate can pass one bill per year affecting each subject.
What is the Senate’s role in Supreme Court nominations?
When the debate ends, the Senate votes on the nomination. A simple majority of the Senators present and voting is required for the judicial nominee to be confirmed. If there is a tie, the Vice President who also presides over the Senate casts the deciding vote.
Who has the power to settle disputes between different states?
Constitution Scavenger hunt
| Question | Answer |
|---|---|
| Who has the power to settle disputes between different states? | Judicial power shall extend to all cases arising under the constitution including arguments between two or more states |
How many senators USA have?
The Constitution prescribes that the Senate be composed of two senators from each State (therefore, the Senate currently has 100 Members) and that a senator must be at least thirty years of age, have been a citizen of the United States for nine years, and, when elected, be a resident of the State from which he or she …
What cases does the Supreme Court have original jurisdiction?
Article III, section 2, of the Constitution distributes the federal judicial power between the Supreme Court’s appellate and original jurisdiction, providing that the Supreme Court shall have original jurisdiction in “all cases affecting ambassadors, other public ministers and consuls,” and in cases to which a state is …
What happens in a court of original jurisdiction?
Original jurisdiction is the right of a court to hear a case for the first time. It can be distinguished from appellate jurisdiction which is the right of a court to review a case that has already been heard and decided upon by a lower court.
What is the rule of four and how does it affect the number of cases the Supreme Court decides?
The Justices use the “Rule of Four” to decide if they will take the case. If four of the nine Justices feel the case has value, they will issue a writ of certiorari. The Justices of the Supreme Court are most likely to take cases that will affect the entire country, not just the individuals involved.
How long does it take for the Supreme Court to decide a case?
about six weeks
How many justices must agree for a case to be decided?
four
What happens if the court remands the case?
Instead, the appellate court will “remand”, or send, the case back to the trial court for the trial court to actually fix or re-decide the issue. This means that the issue or issues wrongly decided will be re-tried or re-heard by the trial judge based on and within the instructions given by the appellate court.
Does the chief justice decide what cases to hear?
The chief justice presides over the Court’s public sessions and also presides over the Court’s private conferences, where the justices decide what cases to hear and how to vote on the cases they have heard.
What allows the court to decide if laws and actions are unconstitutional?
Judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.
Who determines if a law is constitutional or not?
The judicial branch
