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The Montana Supreme Court is the highest court in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution. It is primarily an appellate court which reviews civil and criminal decisions of Montana's trial courts of general jurisdiction and certain specialized legislative courts, only having original jurisdiction in a limited number of actions. The court's Chief Justice and six Associate Justices are elected by non-partisan, popular elections. The Montana Supreme Court meets in the Justice Building in Helena, Montana, the state's capital, an international style building completed in 1982. The supreme court in some countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. ...
A state of the United States (a U.S. state) is any one of the fifty states (four of which officially favor the term commonwealth) which, along with the District of Columbia, form the United States of America. ...
Official language(s) English Capital Helena Largest city Billings Area Ranked 4th - Total 147,165 sq mi (381,156 km²) - Width 255 miles (410 km) - Length 630 miles (1,015 km) - % water 1 - Latitude 44°26 N to 49° N - Longitude 104°2 W to 116°2 W Population Ranked...
The Montana Constitution is the primary legal document providing for the self-governance of the U.S. State of Montana. ...
It has been suggested that this article or section be merged into Appeal. ...
This article or section does not cite its references or sources. ...
Nickname: Queen City Map Political Statistics Founded October 30, 1864 County Lewis and Clark County Mayor James E. Smith Geographic Statistics Area - Total - Land - Water 36. ...
The Weissenhof Estate in Stuttgart, Germany (1927) The Weissenhof Estate in Stuttgart, Germany (1930) The International style was a major architectural trend of the 1920s and 1930s. ...
Two seats on the court are up in the 2006 election, for which sitting justices James A. Rice and John Warner are running for retention unopposed.
History
Montana Territorial Supreme Court On May 26, 1864, the United States Congress passed the Organic Act,[1] which formed the Montana Territory and established the Territorial Supreme Court. The court consisted of one Chief Justice and two Associate Justices, all of whom were appointed by the President of the United States and confirmed by the United States Senate; the court's first members were chosen by President Abraham Lincoln in 1864. The Montana Territorial Supreme Court held its first session in Virginia City, Montana on May 17, 1865. Seal of the U.S. Congress. ...
The Montana Territory was an organized territory of the United States that existed between 1864 and 1889. ...
The presidential seal was used by President Hayes in 1880 and last modified in 1959 by adding the 50th star for Hawaii. ...
Seal of the U.S. Senate The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. ...
Abraham Lincoln (February 12, 1809 â April 15, 1865), sometimes called Abe Lincoln and nicknamed Honest Abe, the Rail Splitter, and the Great Emancipator, was an American politician who served as the 16th President of the United States (1861 to 1865), and the first president from the Republican Party. ...
Virginia City, from the road agent cemetery on the hill. ...
Each justice presided over one of the territory's three judicial districts, which meant that cases the Territorial Supreme Court heard on appeal were usually first tried in the Montana District Court by one of the justices. This arrangement was altered in 1886 when the Congress passed legislation that disqualified any justice who had previously participated in a case from hearing it on appeal; a fourth justice was also added to the court by the same act. The Territorial Supreme Court rarely issued written opinions until 1872, when the Territorial Legislature established written reporting for the court. The Territorial Supreme Court held its last session on October 5, 1889; Montana became a state on November 8. This article is about the court reporters who are human beings transcribing sworn proceedings. ...
Montana Supreme Court Article VIII of the 1889 Montana Constitution established the Montana Supreme Court, and provided that its three members would be elected to six-year terms. These elections were partisan until 1909, when the Montana Legislature enacted the Nonpartisan Judiciary Act. This prohibited partisan filings by judicial candidates and required that they instead be nominated by citizen petition. The resulting voter turnout in 1910 was minuscule (fewer than half those who voted on the partisan ballot for the Clerk of the Supreme Court voted for the Chief Justice on the non-partisan ballot) and so many considered the experiment to be a failure. The law was furthermore declared unconstitutional by the Montana Supreme Court in 1911 because it failed to provide any means for nominating candidates to newly created judgeships.[2] However, non-partisan elections were reinstated in 1935, when the legislature prohibited political parties from endorsing, contributing to, or making expenditures in support of or opposition to judicial candidates. The Montana Constitution is the primary legal document providing for the self-governance of the U.S. State of Montana. ...
A political party is an organization that seeks to attain political power within a government, usually by participating in electoral campaigns. ...
The membership of the court was increased by legislative act from three to five justices in 1919, and from five to seven in 1979 to deal with a heavy caseload. A new judicial article, Article VII, was adopted in the 1972 constitution, which also extended the judicial term of office from six to eight years.
Court composition and selection The Montana Supreme Court presently consists of a Chief Justice and six Associate Justices.[3] The Montana Constitution provides for only four Associate Justices, but allows the Montana Legislature to increase the number of Associate Justices to six.[4] Each justice is elected for an eight-year term in a statewide, non-partisan election. The terms are staggered so that no more than two seats on the court are scheduled for election at the same time. When a sitting justice runs unopposed, voters cast a "yes" or "no" vote as to whether to retain them. If the seat on the court is contested, the top two vote-getters in the primary election are selected as the final candidates. The Montana State Legislature is the state legislature of the U.S. state of Montana. ...
The examples and perspective in this article do not represent a worldwide view. ...
Appointments If a vacancy occurs on the court during a term, it will be temporarily filled by an appointment process. The Judicial Nomination Commission submits a list of three to five candidates to the governor of Montana, who then must choose one from that list to appoint. If the governor fails to make a selection within thirty days of receiving the list, the Chief Justice or Acting Chief Justice makes the nomination. List of Montana Governors See also Governors of Montana Territory Exteral link governors of Montana Categories: Governors of Montana | Lists of United States governors ...
All appointments must be confirmed by the Montana Senate, though recess appointments serve on the court until the next session of the Senate begins. If the Senate fails to confirm the appointee, the seat on the court will remain vacant and the selection and nomination process restarts. If confirmed, the appointee serves only until the next general election, and if then elected, only serves the remainder of the unexpired term to which he was initially appointed. The Montana Senate is, with the Montana House of Representatives, part of the Montana State Legislature. ...
A recess appointment occurs when the President of the United States fills a vacant Federal position during a recess of the United States Senate. ...
Qualifications All justices of the Montana Supreme Court must be citizens of the United States and residents of Montana for at least two years immediately prior to taking office.[5] They also must have been admitted to practice law in Montana for at least five years prior to the date of election. Justices must reside within the state during their term. // Possession of citizenship Rights of citizens U.S. citizens have the right to participate in the political system of the United States (with most U.S. states having restrictions for felons, and federal restrictions on naturalized persons), are represented and protected abroad by the United States (through U.S. embassies...
Chief Justice The Chief Justice is the administrative head of the Supreme Court. She presides over oral argument and court conferences, and represents the court at all official state functions. Oral arguments are verbal presentations to a judge or appellate court by a lawyer (or the party when representing themselves) of the legal reasons why they should prevail. ...
The position of Chief Justice is filled directly by election, and candidates do not need to have previously served as an Associate Justice. Whenever the Chief Justice is temporarily absent, or permanently leaves the court during his term, the justice who is nearest the expiration of their term on the court presides as Acting Chief Justice.
Current members | Chief Justice | Term began | Term expires | Notes | | Karla M. Gray | 2001 | 2008 | First female Chief Justice; elected 2000; previously served as Associate Justice, 1991-2000 | | Associate Justice | Term began | Term expires | Notes | | James C. Nelson | 1993 | 2010 | Appointed by Governor Racicot; elected 1994; re-elected 1996, 2004 | | W. William Leaphart | 1995 | 2010 | Elected 1994; re-elected 2002 | | Patricia O'Brien Cotter | 2001 | 2008 | Elected 2000 | | James A. Rice | 2001 | 2006 | Appointed by Governor Martz; elected 2002; running unopposed for retention in 2006 | | John Warner | 2003 | 2006 | Appointed by Governor Martz; elected 2004; running unopposed for retention in 2006 | | Brian Morris | 2005 | 2012 | Elected 2004 | Marc F. Racicot /pronounced: ROSS-ko/ (born July 24, 1948) is a Republican Party politician. ...
Judy Martz (born July 28, 1943) was the governor of the U.S. state of Montana from January 2, 2001 to January 3, 2005. ...
Former members Chief Justices Montana Territorial Supreme Court | Chief Justice | Term served | Notes | | Hezekiah L. Hosmer | (1864 - 1868) | Appointed first Chief Justice of Territorial Supreme Court by President Lincoln | | Henry L. Warren | (1868 - 1871) | Appointed by President Johnson | | Decius Wade | (1871 - 1887) | Appointed by President Grant | | N. W. McConnell | (1887 - 1889) | Appointed by President Cleveland; resigned | | Henry N. Blake | (1889) | Appointed by President Harrison, 1889; previously Associate Justice of Territorial Supreme Court (1875 - 1885); elected first Chief Justice of Montana Supreme Court after statehood | Abraham Lincoln (February 12, 1809 â April 15, 1865), sometimes called Abe Lincoln and nicknamed Honest Abe, the Rail Splitter, and the Great Emancipator, was an American politician who served as the 16th President of the United States (1861 to 1865), and the first president from the Republican Party. ...
Andrew Johnson (December 29, 1808 â July 31, 1875) was the sixteenth Vice President (1865) and the seventeenth President of the United States (1865â1869), succeeding to the presidency upon the assassination of Abraham Lincoln. ...
Ulysses S. Grant (born Hiram Ulysses Grant, April 27, 1822 â July 23, 1885) was an American soldier and politician who was elected the 18th President of the United States (1869â1877). ...
Stephen Grover Cleveland (March 18, 1837 â June 24, 1908) was the 22nd (1885â1889) and 24th (1893â1897) President of the United States, and the only President to serve two non-consecutive terms. ...
William Henry Harrison (February 9, 1773 â April 4, 1841) was an American military leader, politician, and the ninth President of the United States, (1841). ...
Montana Supreme Court | Chief Justice | Term served | Notes | | Henry N. Blake | (1889 - 1893) | First Chief Justice of Montana Supreme Court; previously Associate Justice of Territorial Supreme Court (1875 - 1885); Chief Justice of Territorial Supreme Court (1889) | | William Y. Pemberton | (1893 - 1899) | | | Theodore Brantly | (1899 - 1922) | Died in office; longest serving Chief Justice to date (23 years) | | Llewellyn L. Callaway | (1922 - 1935) | Appointed | | Walter B. Sands | (1935 - 1938) | Died in office | | O. P. Goddard | (1938 - 1939) | Appointed | | Howard A. Johnson | (1939 - 1946) | Resigned | | Carl Lindquist | (1946) | Appointed | | Hugh R. Adair | (1947 - 1956) | Also served as Associate Justice 1943-1946, 1957-1968) | | James T. Harrison | (1957 - 1977) | Appointed | | Paul G. Hatfield | (1977 - 1978) | | | Frank I. Haswell | (1978 - 1985) | Appointed | | Jean A. Turnage | (1985 - 2000) | | Associate Justices Montana Territorial Supreme Court | Associate Justice | Term served | Notes | | Ammi Giddings | (1864 - 1865) | Appointed by President Lincoln, but never served; resigned immediately due to ill health, though commission remained in force until 1865 | | Lorenzo P. Williston | (1864 - 1868) | Appointed by President Lincoln | | Lymon E. Munson | (1865 - 1869) | Appointed by President Lincoln | | Hiram Knowles | (1868 - 1879) | Appointed by President Johnson | | George G. Symes | (1869 - 1871) | Appointed by President Grant | | Francis G. Servis | (1872 - 1875) | Appointed by President Grant | | Henry N. Blake | (1875 - 1885) | Appointed by President Grant; subsequently appointed as Chief Justice of Territorial Supreme Court, 1889; elected first Chief Justice of Supreme Court, 1889 - 1893 | | William J. Galbraith | (1879 - 1888) | Appointed to first term by President Hayes, to subsequent term by President Arthur | | Everton J. Conger | (1880 - 1886) | Appointed by President Hayes | | John Coburn | (1884 - 1886) | Appointed by President Hayes | | Thomas C. Bach | (1886 - 1889) | Appointed by President Cleveland | | James H. McLeary | (1886 - 1888) | Appointed by President Cleveland | | Stephen DeWolf | (1888 - 1889) | Appointed by President Cleveland | | Moses J. Liddell | (1888 - 1889) | Appointed by President Cleveland | Andrew Johnson (December 29, 1808 â July 31, 1875) was the sixteenth Vice President (1865) and the seventeenth President of the United States (1865â1869), succeeding to the presidency upon the assassination of Abraham Lincoln. ...
Ulysses S. Grant (born Hiram Ulysses Grant, April 27, 1822 â July 23, 1885) was an American soldier and politician who was elected the 18th President of the United States (1869â1877). ...
Rutherford Birchard Hayes (October 4, 1822 â January 17, 1893) was an American politician, lawyer, military leader and the 19th President of the United States (1877-1881). ...
Chester Alan Arthur (October 5, 1829 â November 18, 1886) was an American politician who served as the twenty-first President of the United States. ...
Stephen Grover Cleveland (March 18, 1837 â June 24, 1908) was the 22nd (1885â1889) and 24th (1893â1897) President of the United States, and the only President to serve two non-consecutive terms. ...
Montana Supreme Court | Associate Justice | Term served | Notes | | William H. DeWitt | (1889 - 1897) | | | Edgar N. Harwood | (1889 - 1895) | | | William Henry Hunt | (1894 - 1900) | Resigned | | Horace R. Buck | (1897) | Died in office | | William Trigg Pigott | (1897 - 1903) | Appointed | | Robert L. Word | (1900 - 1901) | Appointed | | George R. Milburn | (1901 - 1907) | | | William L. Holloway | (1903 - 1926) | Died in office | | Henry C. Smith | (1907 - 1913) | | | Sidney Sanner | (1913 - 1918) | | | William Trigg Pigott | (1918) | Appointed; previously served as Associate Justice, 1897-1903 | | Charles H. Cooper | (1919 - 1924) | Resigned | | John Hurley | (1919-1921) | | | George Y. Patten | (1919) | Appointed to newly created seat; resigned | | John A. Matthews | (1919 - 1920) | Appointed; subsequently served as Associate Justice, 1925 - 1937) | | Roy E. Ayers | (1922 - ) | Appointed to newly created seat | | Albert J. Galen | (1921 - 1933) | | | Frank B. Reynolds | (1921 - 1922) | Died in office | | George W. Farr | (1922 - 1923) | Appointed | | Albert P. Stark | (1923 - 1929) | | | Wellington D. Rankin | (1924 - 1925) | Appointed | | John A. Matthews | (1925 - 1937) | Previously served as Associate Justice, 1919 | | Warren Toole | (1926 - 1927) | Appointed | | Henry L. Myers | (1927 - 1929) | Appointed | | Albert H. Angstman | (1929 - 1934) | Subsequently served as Associate Justice 1937-1942, 1945-1961 for a total of 28 years | | Sam C. Ford | (1929 - 1933) | | | Ralph J. Anderson | (1933 - 1939) | | | Sam V. Stewart | (1933 - ) | Died in office | | Claude F. Morris | (1935 - 1947) | | | Albert H. Angstman | (1937 - 1942) | Previously served as Associate Justice, 1929-1934; subsequently served 1945-1961 | | Ralph L. Arnold | (1939 - 1941) | Appointed | | Leif Erickson | (1939 - 1945) | | | Albert Anderson | (1941 - 1945) | | | Hugh R. Adair | (1943 - 1946) | Subsequently served as Chief Justice, 1947 - 1956, and again as Associate Justice 1957 - 1968 | | Albert H. Angstman | (1945 - 1961) | Previously served as Associate Justice, 1929-1934, and 1945-1961 | | Edwin K. Cheadle | (1945-1947) | Resigned | | I. W. Choate | (1947 - 1949) | Appointed | | Fred L. Gibson | (1947 - 1949) | Appointed | | Lee Metcalf | (1947 - 1953) | | | R. V. Bottomly | (1949 - 1961) | | | Harrison J. Freebourn | (1949 - 1954) | | | Forrest H. Anderson | (1953 - 1956) | | | Horace S. Davis | (1954 - 1957) | Appointed | | Hugh R. Adair | (1957 - 1968) | Previously served as Associate Justice, 1943-1946 and as Chief Justice, 1947-1956 | | Wesley Castles | (1957 - 1977) | Appointed | | Stanley M. Doyle | (1961 - 1967) | Appointed; resigned | | John C. Harrison | (1961 - 1994) | Longest serving justice in history of the court | | Frank I. Haswell | (1967 - 1978) | Appointed; subsequently served as Chief Justice, 1978-1985 | | John W. Bonner | (1969 - 1970) | Died in office | | Gene B. Daly | (1970 - 1983) | Appointed | | Daniel J. Shea | (1977 - 1985) | | | John C. Sheehy | (1978 - 1991) | Appointed | | Frank B. Morrison | (1981 - 1987) | Resigned | | Fred J. Weber | (1981 - 1995) | | | J. C. Gulbrandson | (1983 - 1989) | | William E. Hunt | (1985 - 2000) | | | R. C. McDonough | (1987 - 1993) | | | Diane G. Barz | (1989 - 1990) | First woman to serve on the court; resigned | | Terri M. Trieweiler | (1990 - 2003) | | | Karla M. Gray | (1991 - 2000) | Subsequently served as Chief Justice, 2000 to present | | Charles E. Erdman | (1995 - 1997) | | | Jim Regnier | (1997 - 2004) | | William Henry Hunt (November 5, 1857âFebruary 4, 1949) was a state and federal judge and a territorial governor of Puerto Rico. ...
Henry Lee Myers (October 9, 1862 - November 11, 1943) was a United States Senator from Montana. ...
Lee Warren Metcalf was a Representative and a Senator from Montana; born in Stevensville, Montana January 28, 1911; graduated from Stanford University in 1936 and received a law degree from Montana State University Law School; admitted to the Montana bar in 1936 and commenced the practice of law; member, State...
Forrest Howard Anderson (January 30, 1913–July 20, 1989) was an American politician who served as the Democratic governor of Montana from 1969 to 1973. ...
Other court personnel The Clerk of the Supreme Court is chosen by popular election for six year terms. The Clerk has the following duties by statute: - (a) keep the seal of the supreme court, its records and files, and the roll of attorneys and counselors at law;
- (b) adjourn the court from day to day at the beginning of any term in the absence of any justice and until the arrival of a majority of the justices;
- (c) file all papers or transcripts required by law to be filed;
- (d) issue writs and certificates and approve bonds or undertakings when required;
- (e) make out all transcripts to the supreme court of the United States;
- (f) make copies of papers or records when demanded by law or the rules of the court; and
- (g) perform other duties as may be required by law and the rules and practice of the supreme court.
- Mont. Code § 3-2-402.
The Marshall of the Supreme Court is appointed by the court, and is an employee of the judicial branch.[6] The Marshall generally attends upon the Supreme Court during each term, and acts as a law clerk, executive officer, and court crier. He has the duty of serving all processes from the court within the state, and acts with the powers and duties of a sheriff to the District Courts when necessary.[7] In the United States, a law clerk is a person who assists a judge in researching issues before the court and in writing opinions. ...
Service of process is the procedure employed to give legal notice to a person (defendant etc. ...
Sheriff is both a political and a legal office held under English common law, Scots law or U.S. common law, or the person who holds such office. ...
Jurisdiction The Montana Supreme Court hears civil and criminal appeals directly from the Montana District Courts, which are the trial courts of general jurisdiction in the state; Montana is one of ten states in the United States that does not have a distinct intermediate appellate court.[8] The court also hears appeals from the Montana Water Courts and the Montana Workers' Compensation Court, which are specialized courts established by the legislation rather than part of the judicial branch under the Montana Constitution. A trial court or court of first instance is the court in which most civil or criminal cases begin. ...
The Montana Supreme Court has original jurisdiction only over the so-called extraordinary writs, which include habeas corpus, injunction, review, mandate, quo warranto, and supervisory control. This jurisdiction is concurrent with the Montana District Courts. This article or section does not cite its references or sources. ...
In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. ...
For other uses, see Habeas corpus (disambiguation). ...
An injunction is an equitable remedy in the form of a court order that either prohibits or compels (restrains or enjoins) a party from continuing a particular activity. ...
This law-related article does not cite its references or sources. ...
A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. ...
Quo warranto (Latin for by what warrant?) is one of the prerogative writs, the one that requires the person to whom it is directed to show what authority he has for exercising some right or power (or franchise) he claims to hold. ...
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. ...
Supervision of the courts and the practice of law The Montana Constitution grants the Montana Supreme Court broad administrative authority over the state court system to ensure its efficient and effective operation. It has general authority to adopt rules of practice and procedure for the lower courts. It also regulates the admission of attorneys to the state bar, and the conduct of attorneys and judges generally. The Montana Supreme Court appoints the Court Administrator, who performs such duties as preparing and submitting the judicial budget to the legislature, compiling statistics on the business of the courts, and recommending improvements in the judiciary to the Supreme Court.[9] In the United States, admission to the bar is permission granted to a lawyer to practice law. ...
Legal ethics refers to an ethical code governing those in the practice of law. ...
Boards and commissions To fulfill its duties, the Montana Supreme Court manages twenty specialized boards and commissions, to which it appoints members to terms of either indefinite or specified length depending on the specific body. The structure of these commissions vary as well, such that some are composed exclusively of practicing attorneys, while others have a mixture of attorneys, judges, and laypeople. | | - Commission on Technology
- Commission on Unauthorized Practice
- Criminal Jury Instructions Commission
- District Court Council
- Equal Justice Task Force
- Gender Fairness Commission
- Judicial Nomination Commission
- Judicial Standards Commission
- Sentence Review Division
- Uniform District Court Rules Commission
| Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or...
An appeal is the act or fact of challenging a judicially cognizable and binding judgment to a higher judicial authority. ...
A bar examination is an series of tests conducted at regular intervals to determine whether a candidate is qualified to practice law in a given American examination usually consists of the following: complicated essay questions concerning that jurisdictions law; the Multistate Bar Examination, a standardized, nationwide examination containing generalized...
Jury instructions are the set of legal rules that jurors must follow when the jury is deciding a case. ...
In the United States, admission to the bar is permission granted to a lawyer to practice law. ...
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor or civil...
The law of evidence governs the use of testimony (e. ...
Pro se is a Latin adjective meaning for self, that is applied to someone who represents himself (or herself) without a lawyer in a court proceeding, whether as a defendant or a plaintiff and whether the matter is civil or criminal. ...
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor or civil...
Jury instructions are the set of legal rules that jurors must follow when the jury is deciding a case. ...
Procedures Appeals from inferior courts Appeals to the Montana Supreme Court are "appeals of right," meaning that the court does not have discretion as to whether it accepts review of the lower court's decision. Appeals are taken from both civil and criminal matters by a party filing a notice of appeal in the District Court that issued the order or judgment from which the appeal is sought.[10] Contempt orders are not appealable, and so can only be reviewed on application for a writ of review.[11] Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ...
Criminal defendants may appeal only from final judgments of convictions, and other orders after judgment that affect substantive rights.[12] Indigent defendants are guaranteed representation by counsel at the State's expense. The State does not have the right to appeal from acquittals or convictions, but may appeal from court orders or judgments that dismiss charges, modify verdicts, grant new trials, quash arrests or search warrants, suppress evidence, suppress confessions or admissions, grant or deny a change of venue, or impose a sentence that is contrary to law.[13] A search warrant is a written warrant issued by a judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense. ...
A Venue is the location of an event, usually a meeting. ...
The supreme court may affirm, reverse, or modify any judgment or order appealed from and may direct the proper judgment or order to be entered or direct a new trial or further proceedings to be had.[14] When a lower court's judgment is altered on review of civil matters, the court may order restitution for any property or rights that a party lost due to an erroneous order, either by ordering it directly, or by ordering to District Court to itself order it.[15] On review of criminal matters, the Montana Supreme Court may reverse, affirm, or modify the lower court's judgment; set aside, affirm, or modify any proceedings subsequent to the judgment from which the appeal is taken; reduce the offence of which the defendant was convicted to a lesser included offense; reduce the punishment imposed by the lower court; or order a new trial.[16] A lesser included offense, in criminal law, is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. ...
Applications for original writs Applications for original writs are filed directly with the Montana Supreme Court. The court may then order that a summary response from opposing parties be filed immediately, or may dismiss the application at its next conference without such an order. If a summary response is ordered, the court considers the filings at its next conference. The court will subsequently dismiss the application, accept jurisdiction, order more extensive briefing on any issue raised in the application or response, order oral argument in extraordinary cases, or issue any other writ or order deemed appropriate in the circumstances. Pending its disposition of the application for the writ, the court may stay a lower court's proceedings, on motion by a party for good cause shown, or sua sponte. This article or section does not cite its references or sources. ...
In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. ...
The word stays has more than one meaning:- An item of ships gear: see nautical term and stays (nautical). ...
Individual justices may issue writs of habeas corpus on behalf of anyone held in custody for return to themselves, the full Supreme Court, or the District Courts. Individual justices may also issue writs of certiorari to review judgments of contempt.
Conference and argument The Montana Supreme Court has promulgated Internal Operating Rules for its internal governance. The justices meet in conference twice a week to discuss pending matters. Its Tuesday conferences considers pending petitions for original jurisdiction, and matters that should be considered by the full court. Its Thursday conferences consider proposed opinions, petitions for rehearing, and appeal classifications. A five-justice panel determines how appeals to the Montana Supreme Court are reviewed by the court, such as for full oral argument before the court sitting en banc, or to be decided purely on the briefs submitted to either the court en banc or to a five-justice panel. Oral arguments are verbal presentations to a judge or appellate court by a lawyer (or the party when representing themselves) of the legal reasons why they should prevail. ...
En banc or in bank is a term used to refer to the hearing of a case by all the judges of a court. ...
Brief redirects here. ...
The court’s annual calendar was previously divided into four terms, but legislation effective January 6, 2006 changed this to one term, beginning on January 1 of each year. The Chief Justice may also call a special term at any time. Oral arguments are held before the court every month of the year except July and August. Briefs from amicus curiae are accepted only if all parties consent in writing, or the court grants leave on motion stating the interest of the applicant and the reasons why it should participate. A motion of an amicus curiae for leave to participate in oral argument is granted only for "extraordinary reasons."[17] Amicus curiae (plural amici curiae) is a legal Latin phrase, literally translated as friend of the court, that refers to a person or entity that is not a party to a case that volunteers to offer information on a point of law or some other aspect of the case to...
A majority of the court is required for quorum, and a majority of the court must concur in all decisions.[18] If a justice is disqualified or otherwise unable to participate in a case, a District Court judge is substituted, and their opinion is given the same weight in that case as a sitting justice.[19]
Written decisions By statute, all decisions of the Montana Supreme Court must be in writing, and must set forth the grounds of the decision.[20] However, it is up to the court to decide whether an unelaborated order or a full opinion is appropriate.[21] If a full opinion is to be issued, its drafting is assigned to a justice during conference. The court attempts to hand down its decision within 120 days of when the case is submitted. All justices must indicate their concurrence in the opinion by signing it, and all justices disagreeing with the majority's decision must indicate this in a written dissent.[22] A dissenting opinion is an opinion of one or more judges in an appellate court expressing disagreement with the majority opinion. ...
Citations and case reporters Opinions of the Montana Supreme Court are assigned a "public domain" or "neutral-format" case citation, which consists of the year of decision, the state’s postal abbreviation, and finally a sequential number; the court’s sixth decision handed down during 2006, for example, would have the citation 2006 MT 6. The citations of decisions that have been designated as not for publication are followed by an "N" (e.g., 2006 MT 6N), to indicate that those decisions should not be cited for precedential value in any court. All decisions have numbered paragraphs, so that pinpoint citations can be used without reference to print reporters. The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...
// Case citation is the system used in common law countries such as the United States, England and Wales, Canada, New Zealand, Australia and India to uniquely identify the location of past court cases in special series of books called reporters or law reports. ...
// States Federal districts Insular areas Freely associated states Armed Forces See also Traditional U.S. state abbreviations ISO 3166-2 International standard codes for subdivisions of countries â lists similar abbreviations for many more countries Canadian province postal abbreviations Internet links Official addressing instructions and abbreviations from the USPS Categories: Lists...
Precedent, sometimes authority, is the legal principle or rule created by a court which guides judges in subsequent cases with similar issues or facts. ...
The Montana Reports, published by State Reporter Publishing Company, is the official case reporter of Montana Supreme Court opinions. Its opinions are also included in the regional Pacific Reporter published by West Group. When citing to its previous decisions, the Montana Supreme Court cites to both print reporters as well as the neutral-format citation.
Notable decisions - State v. 1993 Chevrolet Pickup, 116 P.3d 800 (Mont. 2005). The court ruled 6-2 that a warrantless search and seizure of a man's trash did not violate his constitutional rights. Justice James C. Nelson's reluctant concurrence, which he based purely on existing court precedent, received significant attention for his dire warnings about the erosion of civil liberties. His opinion described the amount of personal information contained in trash, such as DNA, and the invasions of privacy he saw becoming more common in other areas of life. "I don't like living in Orwell's 1984; but I do." He warned that "eventually, we are all going to become collateral damage in the war on drugs, or terrorism, or whatever war is in vogue at the moment."
- Columbia Falls Elem. Sch. Dist. No. 6 v. State, 109 P.3d 257 (Mont. 2005). The court unanimously ruled that the state's public school system violated the Montana Constitution's requirement for the Legislature to fund and establish free schooling so as to provide students with a "quality" education.
- Big Spring v. Jore, 109 P.3d 219 (Mont. 2005). The court ruled 6-1 that seven double-punched ballots in an extremely close election for a seat in the Montana House of Representatives should not have been counted, because ballots were only valid under state law if the voter's intent could be clearly determined. The invalidation of those seven votes gave the election to Democrat Jeanne Windham, whose win gave the Democrats the one seat they needed to have a majority in the Montana House. Had the trial court's counting of those votes been upheld, her opponent, Rick Jore, would have been the first Constitution Party candidate to have won an election at the state level.
In law, a concurring opinion is a written opinion by some of the judges of a court which agrees with the opinion of the majority of the court but might arrive there in a different manner. ...
Precedent, sometimes authority, is the legal principle or rule created by a court which guides judges in subsequent cases with similar issues or facts. ...
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The general structure of a section of DNA Deoxyribonucleic acid (DNA) is a nucleic acid â usually in the form of a double helix â that contains the genetic instructions monitoring the biological development of all cellular forms of life, and many viruses. ...
Eric Arthur Blair (June 25, 1903 â January 21, 1950), better known by the pen name George Orwell, was an English author and journalist. ...
(Redirected from 1984 (novel)) Nineteen Eighty-Four (sometimes 1984) is a darkly satirical political novel by George Orwell. ...
Operation Mallorca, U.S. Drug Enforcement Administration, 2005 [1] Massive mark-ups for drugs, UK Govt report No significant impact on retail or wholesale prices, UK Govt report The War on Drugs is an initiative undertaken by the United States to carry out an all-out offensive (as President Nixon...
The war on terrorism or war on terror (abbreviated in U.S. policy circles as GWOT for Global War on Terror) is an effort by the governments of the United States and its principal allies to destroy groups deemed to be terrorist (primarily radical Islamist organizations such as al-Qaeda...
The term public school has different (and in some cases contradictory) meanings due to regional differences. ...
A ballot is a device used to record choices made by voters. ...
The Montana House of Representatives is one of the two houses of the Montana Legislature. ...
The Democratic Party is one of two major political parties in the United States, the other being the Republican Party. ...
Rick Jore, a Montana businessman, was in 2004 a Constitution Party candidate for the Montana House of Representatives. ...
The Constitution Party is a conservative third party in the United States, founded as the U.S. Taxpayers Party in 1992. ...
University of Montana The University of Montana campus, 1999. ...
Domestic partner or domestic partnership identifies the personal relationship between individuals who are living together and sharing a common domestic life together but are not joined in any type of legal partnership, marriage or civil union. ...
The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ...
Notes - ^ The act was formally titled "An Act to provide a temporary government for the Territory of Montana." See full text (.pdf).
- ^ State v. O'Leary, 115 P. 204 (Mont. 1911).
- ^ Mont. Code § 3-2-101.
- ^ Mont. Const. art. VII § 3(1).
- ^ Mont. Code, § 3-2-102.
- ^ Mont. Code § 3-2-501.
- ^ Mont. Code § 3-2-502.
- ^ The Montana District Courts hear appeals from the lower courts of limited jurisdiction, such as the justice and city courts, and so function as appellate courts in those cases; appeals from the District Court resolution of those cases may then be taken to the Montana Supreme Court.
- ^ Mont. Code § 3-1-702.
- ^ Mont. Code Ch. 21, Rule 4.
- ^ Mont. Code § 3-1-523.
- ^ Mont. Code § 46-20-104.
- ^ Mont. Code § 46-20-103.
- ^ Mont. Code § 3-2-204(1).
- ^ Mont. Code Ch. 21, Rule 15.
- ^ Mont. Code § 46-20-703.
- ^ Mont. Code Ch. 21, Rule 24.
- ^ Mont. Code § 3-2-302.
- ^ Mont. Const. Art. VII § 3(2).
- ^ Mont. Code § 3-2-601.
- ^ Chief Justice Gray has expressed her preference for unelaborated orders: "In the face of our increasing workload, and the fact that we are primarily an ‘appeal of right’ Court, it strikes me as inherently very unfair to our appellate litigants when we unnecessarily divert our efforts from their appeals to the extent we do here or in other similar matters by issuing a full opinion." Inter-Fluve v. Mont. Eighteenth Judicial Dist. Court, 112 P.3d 258, 265 (Mont. 2005) (Gray, C.J., concurring in part and dissenting in part).
- ^ Mont. Code § 3-2-601.
Portable Document Format (PDF) is a file format developed by Adobe Systems for representing documents in a manner that is independent of the original application software, hardware, and operating system used to create those documents. ...
The Montana Constitution is the primary legal document providing for the self-governance of the U.S. State of Montana. ...
References External links |