Blog

/Blog/

The Cockle Bur Blog

Legal minds on legal matters and whatever else strikes our fancy.

23 Jul, 2015

U.S. Supreme Court Justice Antonin Scalia

2019-03-18T18:47:26-05:00July 23rd, 2015|Tags: , , , |

According to the Supreme Court website: Antonin Scalia, Associate Justice, was born in Trenton, New Jersey, March 11, 1936. He married Maureen McCarthy and has nine children - Ann Forrest, Eugene, John Francis, Catherine Elisabeth, Mary Clare, Paul David, Matthew, Christopher James, and Margaret Jane. He received his A.B. from Georgetown University and the University [...]

16 Jul, 2015

Common Questions In Circuit Court Consultations

2019-03-18T18:47:26-05:00July 16th, 2015|Tags: , , |

The filing requirements in the thirteen federal circuit courts are complex, and often confusing. In addition to the Federal Rules of Appellate Procedure, each circuit court operates under its own set of local rules—mandatory practice standards that periodically change, and sometimes conflict with the federal rules—and the various clerks’ offices often adhere to unwritten practices [...]

14 Jul, 2015

How to Write a Legal Brief – Your Guide to An Appendix to Your Petition

2019-03-18T18:47:26-05:00July 14th, 2015|Tags: , , , |

How to write a legal brief. Putting together the Appendix of your Brief can be confusing. This blog will offer an easy-to-follow outline of what to include and how to gather the information. Some documents—like Petitions—have required Appendix elements. Appendix documents cannot simply be photocopied, but must be typeset to the same standards as a [...]

30 Jun, 2015

Today in Supreme Court History

2019-03-18T18:47:27-05:00June 30th, 2015|Tags: , , |

Today in Supreme Court History. On this day in 2014, the Supreme Court issued a landmark decision in Burwell v. Hobby Lobby Stores, Inc. In a 5-4 ruling, the Court held that the Department of Health and Human Services (HHS) regulations implementing the Affordable Care Act (ACA) cannot force a "closely held company" to cover [...]

18 Jun, 2015

Brief In Opposition: The Respondent’s Obligation

2019-03-18T18:47:27-05:00June 18th, 2015|

Respondents are not required to file a brief in opposition [except in capital cases], but if you do intend to file a brief in opposition, Supreme Court Rule 15 offers an important caution: [T]he brief in opposition should address any perceived misstatement of fact or law in the petition that bears on what issues properly [...]

16 Jun, 2015

2nd Circuit Court of Appeals: Those Tricky Local Rules

2019-03-18T18:47:27-05:00June 16th, 2015|

The 2nd Circuit Court of Appeals—like all of the federal circuit courts—uses both the Federal Rules of Appellate Procedure (FRAP), as well as its own set of local rules (LR). The FRAP lays out general practice standards for all of the federal appellate courts, but also allows the circuits to issue their own rules that [...]