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Report to the Judicial Conference Committee on Federal-State Jurisdiction on the extent of partial filing fees being required in federal judicial districts.
Abstract: This dissertation explores the question of whether, how, and how much the U.S. Supreme Court's selection of paid petitions differs from its selection of petitions in forma pauperis, or IFP petitions -- those petitions filed by individuals who are financially unable to pay the Court's filing fee. In examining the Court's agenda-setting function, existing studies have identified certain case characteristics, called "cue characteristics," that increase the likelihood that the Supreme Court will select a petition for review. Those studies, however, have generally limited their analysis to paid petitions to the exclusion of those petitions filed by indigent litigants, the IFP petitions; even those studies that have included IFP cases in their analysis have failed to compare the Court's agenda-setting process across the two dockets. Analysis of a sample of paid and unpaid petitions disposed of during the 1976 through 1985 Terms of the Court reveals that IFP petitions are disproportionately criminal and prisoner civil rights cases, are less likely to present most cue characteristics, and are more likely to be filed pro se. Moreover, certain issues--specifically minority rights, family law, and access to welfare benefits issues--are disproportionately represented on the IFP docket. Multivariate analysis of the Court's selection of paid and unpaid petitions indicates that IFP cases are less likely to be accepted for review even when analysis controls for the presence or absence of previously identified cue characteristics. Moreover, the effects of cue characteristics vary between the paid and unpaid dockets, with the case characteristics having stronger effects in the context of the docket on which they are less prevalent. The findings suggest that cue characteristics do provide information to the Court during the agenda-setting process and are not merely correlates of some underlying quality of certworthiness. In addition, they suggest that the cases on the IFP docket are at a disadvantage during the certiorari process, and that disadvantage may have implications for the Court's attention to certain classes of legal issues.
Engaging narratives that move beyond the final opinions of the Supreme Court to reveal the people and stories behind key poverty-law cases of the last 50 years
This Handbook is designed to help people dealing with civil lawsuits in federal court without legal representation. Proceeding without a lawyer is called proceeding "pro se1," a Latin phrase meaning "for oneself," or sometimes "in propria persona," meaning "in his or her own person." Representing yourself in a lawsuit can be complicated, time consuming, and costly. Failing to follow court procedures can mean losing your case. For these reasons, you are urged to work with a lawyer if possible. Chapter 2 gives suggestions on finding a lawyer. Do not rely entirely on this Handbook. This Handbook provides a summary of civil lawsuit procedures, but it may not cover all procedures that may apply in your case. It also does not teach you about the laws that will control your case. Make sure you read the applicable federal and local court rules and do your own research at a law library or online to understand your case. The United States District Court for the Northern District of California has Clerk's Offices in the San Francisco, San Jose and Oakland courthouses. Clerk's Office staff can answer general questions, but they cannot give you any legal advice. For example, they cannot help you decide what to do in your lawsuit, tell you what the law means, or even advise you when documents are due. There are Legal Help Centers in the San Francisco, Oakland and San Jose courthouses where you can get free help with your lawsuit from an attorney who can help you prepare documents and give limited legal advice. This attorney will not be your lawyer and you will still be representing yourself. See Chapter 2 for more details.
Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
Prisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Written by two legal and penitentiary experts with intimate knowledge of prisoner's rights and legal aid work, authors John Boston and Daniel E. Manville strategically focus on federal constitutional law, providing prisoners and those wishing to assist them with the most important information concerning legal rights. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. Certainly the most authoritative, well-organized and relevant prisoner's rights manual available - - the eagerly awaited fourth edition should be purchased by everyone interested in civil rights for the incarcerated.
An ideal accompaniment to any civil procedure casebook, including the authors’ own Civil Procedure: Doctrine, Practice, and Context, Fifth Edition, the 2022–2023 statutory supplement presents the current Federal Rules of Civil Procedure (FRCP). Useful cross-references to Advisory Committee Notes, Restatement sections, and Transnational Rules have been integrated into the FRCP to help students explore the larger context of each Rule. Complete features include: • The current Federal Rules of Civil Procedure • The U.S. Constitution and U.S. Code provisions current through June 1, 2022 • Excerpts from the Restatement (Second) of Judgments • Excerpts from the American Law Institute/UNIDROIT Rules of Transnational Civil Procedure • Examples of state long-arm and venue statutes • Recent Supreme Court Case Law