Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P54 doc

A sample docketing statement. Appellate Docket Number: ___________________________________________ Appellate Case Style: DOCKETING STATEMENT (CIVIL) Tenth Court of Appeals P.O. Box 1606, Waco, Texas 76703-1606 (254) 757-5200 [to be filed in the court of appeals upon perfection of appeal under TRAP 32] I. Parties (TRAP 32.1(a), (e)): Appellant(s): Appellee(s): (See note at bottom of page) (See note at bottom of page) Attorney (lead appellate counsel): Attorney (lead appellate counsel, if known; if not, then trial counsel): Address (lead counsel): Address (lead appellate counsel, if known; if not, then trial counsel): Telephone: Telephone: (include area code) (include area code) Telecopy: Telecopy: (include area code) (include area code) SBN (lead counsel): SBN (lead counsel): Docketing Statements (Civil) [ continued ] GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 518 DOCKET Docketing Statements (Civil) If not represented by counsel, provide appellant's/appellee's address, telephone number, and telecopy number. On Attachment 1, or a separate attachment if needed, list the same information stated above for any additional parties to the trial court's judgment. II. Perfection Of Appeal And Jurisdiction (TRAP 32.1[b], [c], [g], [j]): Date order or judgment signed: Date notice of appeal filed in trial court: (Attach a signed copy, if possible) (Attach file-stamped copy; if mailed to the trial court clerk, also give the date of mailing) What type of judgment? (e.g., jury trial, bench trial, summary Interlocutory appeal of appealable order: judgment, directed verdict, other [specify]) ٗ Yes ٗ No (Please specify statutory or other basis on which interlocutory order is appealable) (See TRAP 28) If money judgment, what was the amount? Accelerated appeal (See TRAP 28): Actual damages: ٗ Yes ٗ No Punitive (or similar) damages: (Please specify statutory or other basis on which appeal is accelerated) Attorneys' fees (trial): Attorneys' fees (appellate): [continued] A sample docketing statement (continued). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOCKET 519 Asampledocketing statement (continued). Docketing Statements (Civil) Other (specify): Appeal that receives precedence, preference, or priority under statute or rule? ٗ Yes ٗ No (Please specify statutory or other basis for such status) Appeal from final judgment? Yes ٗ No ٗ Will you challenge this Court's jurisdiction? If yes, explain. Does judgment dispose of all parties and issues: Yes ٗ No ٗ Does judgment have a Mother Hubbard clause? (E.g.: "All relief not expressly granted is denied"): Yes ٗ No ٗ Does judgment have language that one or more parties "take nothing"? Yes ٗ No ٗ Other basis for finality? III. Actions Extending Time To Perfect Appeal (TRAP 32.1[d]): Filed Check as Action appropriate Date Filed Motion for New Trial No Yes Motion to Modify Judgment No Yes Request for Findings of Fact and Conclusions of Law No Yes Motion to Reinstate No Yes Motion under TRCP 306a No Yes Other (specify): No Yes IV. Indigency Of Party (TRAP 32.1[k]): (Attach file-stamped copy of affidavit) Filed Check as Event appropriate Date N/A Affidavit filed No Yes Contest filed No Yes Date ruling on contest due: Ruling on contest: Sustained Overruled [continued] GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 520 DOCKET Docketing Statements (Civil) V. Bankruptcy (TRAP 8): Will the appeal be stayed by bankruptcy? Date bankruptcy filed? Name of bankruptcy court: Bankruptcy Case No.: Style of bankruptcy case: VI. Trial Court And Record (TRAP 32.1[c], [h], [i]): Court: County: Trial Court Docket Number (Cause No.): Trial Judge (who tried or disposed of case): Court Clerk (district clerk): Telephone Number: Telephone Number: (include area code) (include area code) Telecopy Number: Telecopy Number: (include area code) (include area code) Address: Address: Clerk's Record Sworn copy for Will request Was requested on: accelerated appeal (Note: No request required Yes under TRAP 34.5[a], [b]) Yes (See TRAP 28.3) Court Reporter or Court Recorder: Court Reporter or Court Recorder: Telephone Number: Telephone Number: (include area code) (include area code) Telecopy Number: Telecopy Number: (include area code) (include area code) [continued] A sample docketing statement (continued). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOCKET 521 A sample docketing statement (continued). Docketing Statements (Civil) Address: Address: (Attach additional sheet if necessary for additional court reporters/recorders) Length of trial (approximate): State arrangements made for payment of court reporter/recorder: Reporter's or Recorder's Record None Will request Was requested on: (check if electronic recording ) VII. Nature Of The Case (TRAP 32.1[f]) (Subject matter or type of case: E.g., personal injury, breach of contract, workers' compensation, or temporary injunction) (see list below): Administrative/agency _____ Malpractice Legal _____ Medical _____ Banking _____ Other _____ Business _____ Motor Vehicle _____ Condemnation _____ Municipal _____ Consumer/DTPA _____ Oil & Gas _____ Construction _____ Personal Injury _____ Contract _____ Premises Liability _____ Employment/Labor _____ Probate _____ Family _____ Products Liability _____ Custody _____ Real Property _____ Property Division _____ Securities _____ Termination _____ Tax _____ Other _____ U.C.C./Tex. Bus. & Com. Code _____ Fraud _____ Venue _____ Insurance _____ Workers' compensation _____ Juvenile _____ Other (specify): _____ Landlord/Tenant _____ VIII. Supersedeas Bond None Will file Was filed on: (TRAP 32.1[1]): IX. Extraordinary Relief: Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes ٗ No ٗ If yes, briefly state the basis for your request. [continued] GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 522 DOCKET Docketing Statements (Civil) X. Alternative Dispute Resolution/Mediation (if applicable) (As of MM/DD/YY, these programs exist in the 1st [Houston], 3rd [Austin], 4th [San Antonio], 5th [Dallas], 9th [Beaumont], 13th [Corpus Christi], and 14th [Houston]). (Use additional sheets, if necessary) 1. Should this appeal be referred to mediation? If not, why not. 2. Has the case been through an ADR procedure in the trial court? If yes, answer the following: a. Who was the mediator? b. What type of ADR procedure? c. At what stage did the case go through ADR? (Specify pre-trial, trial, post-trial, other) d. Rate the case for complexity. Use 1 for the least complex and 5 for the most complex. Circle one. 1 2 3 4 5 e. Can the parties agree on an appellate mediator? If yes, give name, address, and telephone and telecopy numbers (with area codes). f. Languages other than English in which the mediator should be proficient: 3. Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary). [continued] A sample docketing statement (continued). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOCKET 523 Asampledocketing statement (continued). ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PER- MISSION OF GALE, A PART OF CENGAGE LEARNING. Docketing Statements (Civil) XI. Related Matters: List any pending or past related appeals or original proceedings (e.g., mandamus, injunction, habeas corpus) before this or any other Texas appellate court by court, docket number, and style. XII. Any other information requested by the court (see attachments, if any). XIII. Signature: __________________________________________________ Date: Signature of counsel (or pro se party) State Bar No.:___________________ Printed Name: _____________________________________ XIV. Certificate of Service: The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on ______________________, 20____. ________________________________________ Signature (TRAP 9.5[e] requirements stated below; use additional sheets, if necessary) Note: Certificate of Service Requirements (TRAP 9.5[e]): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served; and (3) if the person served is a party's attorney, the name of the party represented by that attorney. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 524 DOCKET DOCTRINE A legal rule, tenet , theory, or principle. A political policy. Examples of common legal doctrines include the clean hands doctrine, the doctrine of FALSE DEMONSTRATION , and the doctrine of merger. The MONROE DOCTRINE, enunciated by Presi- dent JAMES MONROE on December 2, 1823, was an American policy to consider any aggression by a European country against any western hemi- sphere country to be a hostile act tow ard the United States. DOCTRINE OF EQUALITY OF STATES One of the fundamental rights of a state is equality with all other states. This right is inherent in the concept of a state as a subject of INTERNATIONAL LAW and is given general recogni- tion by long-standing state practice. Precise definition of the principle of equality of states is difficult, however, since many factors affect its application in any particular situation. Thus, it is best to differentiate between legal equality, that is, the concept of state equality as it applies to the legal relations that states maintain with each other, and political equality, which reflects the relative distribution of economic and military power between states. In its legal effects the principle of state equality has several important consequences. Probably the most important manifestation of the doctrine is the right of every state to have one vote in matters requiring the consent of states. A natural consequence of this is that the vote of every state, no matter how large or small the state, counts the same as the individual votes of all other states. Legal equality also means that no state can claim jurisdiction over other states, and as COROLLARY, a state is independent of the political will of all other states. From this also flows the concept of SOVEREIGN IMMUNITY, which prevents one state from being sued in the courts of another state without the consent of the first state. Likewise, equality of states means that no other state can question the legality of official acts of another state, a rule known in U.S. law as the act of state doctrine. The DOCTRINE OF EQUALITY OF STATES means one thing in legal effect, but it also must be reflected against the realities imposed by differ- ences in political power. Political equality is in some sense a fiction, because in political terms few states are equals. More powe rful states can establish arrangements that less powerful states assent to informally, even though under a strict legal regime, they would not be bound by the agreement. The differences between legal and political equality are also recognized in the organization of the UNITED NATIONS. Although the Charter of the United Nations expressly recognizes the sovereign equality of states, and the General Assembly formally operates according to that principle, the five permanent members of the Security Council retain express veto power over several important aspects of U.N. func- tions, such as use of enforcement measures, admission to membership, amendments to the Charter, and election of the Secretary-General. Notwithstanding the fact that nations recognize limits on the principle of state equality in instances where political power is crucial, the principle of legal equality is basic to the operation of international law and a symbolic concept incorporated into the formal structure of most international institutions. DOCUMENT A written or printed instrument that conveys information. The term documen t generally refers to a particular writing or instrument that has a bearing upon specific transactions. A deed, a marriage license, and a record of account are all con- sidered to be documents. When a document is signed and the signa- ture is authentic, the law accurately expresses the state of mind of the individual who signed it. A false document is one of which a material portion is purported to have been made or authorized by someone who did not do so. It can also be a document that is falsely dated or which has allegedly been made by or on behalf of someone who did not in fact exist. An ancient document is a writing presumed by the court to be genuine due to its antiquity, because it has been produced from a reliable source where it would be logically found, and because it has been carefully kept. A private document is any instrument executed by a private citizen. A public document is one that is o r should legally be readily available for inspection by the public, as a document issued by Congress or a governmental department. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOCUMENT 525 Judicial documents include inquisitions, depositions, examinations, and affidavits. CROSS REFERENCE Ancient Writing. DOCUMENT OF TITLE Any written instrument, such as a bill of lading, a warehouse receipt, or an order for the delivery of goods, that in the usual course of business or financing is considered sufficient proof that the person who possesses it is entitled to receive, hold, and dispose of the instrument and the goods that it covers. A DOCUMENT OF TITLE is usually either issued or addressed by a bailee— an individual who has custody of the goods of another—to a bailor— the person who has entrusted the goods to him or her. Its terms must describe the goods covered by it so that they are iden tifiable as well as set forth the conditions of the contractual agree- ment. Possession of a document of title is symbolic of ownership of the goods that are described w ithin it. Documents of title are an integral part of the business world since they facilitate commercial transactions by serving as security for loans sought by their possessors and by promoting the free flow of goods without unduly burden- ing the channels of commerce. A person who possesses a document of title can legally transfer ownership of the goods covered by it by delivering or endorsing it over to another without physically moving the goods. In such a situation, a document of title is a NEGOTIABLE INSTRUMENT because it trans fers legal rights of ownership from one person to another merely by its delivery or endorsement. It is negotiable only if its terms state that the goods are to be delivered to the bearer, the holder of the document, to the order of the named party, or, where recognized in overseas trade, to a named person or his or her assigns. The UNIFORM COMMERCIAL CODE and various federal and state regulatory laws define the legal rights and obligations of the parties to a document of title. DOCUMENTARY EVIDENCE A type of written proof that is offered at a trial to establish the existence or nonexistence of a fact that is in dispute. Letters, contracts, deeds, licenses, certifi- cates, tickets, or other writings are DOCUMENTARY EVIDENCE . v DOE, CHARLES Charles Doe was a prominent nineteenth- century jurist, serving as chief justice of the New Hampshire Supreme Court from 1876 until his death in 1896. Doe has been regarded by legal historians as one of the greatest judges in U.S. history but he remains an obscure figure. He is best remembered for his procedur- al reforms, which sought to overcome burden- some COMMON LAW practices that filled the legal landscape with many pitfalls. Doe was born in 1830 in Derry, New Hampshire. He came from a wealthy and prominent family, and thus it was not surpris- ing that he would matriculate at Dartmouth College. After graduating in 1849 he studied law Charles Doe 1830–1896 ▼▼ ▼▼ 18251825 19001900 18751875 18501850 ❖ ❖ ◆ ◆ ◆ ◆ ◆ ◆ 1830 Born, Derry, N.H. 1861–65 Civil War ◆ ◆◆ ◆ ◆ ◆ 1849 Graduated from Dartmouth College 1852 Admitted to New Hampshire bar 1859 Appointed Associate Justice, New Hampshire Supreme Judicial Court 1874 New Hampshire Supreme Judicial Court dissolved 1876 Appointed Chief Justice, New Hampshire Supreme Court 1896 Died, Rollinsford, N. H. 1894 Pullman Railroad Car strike 1865 Thirteenth Amendment abolished slavery 1877 Reconstruction ends 1883 U.S. Supreme Court strikes down Civil Rights Act of 1875 1882 Congress enacts Chinese Exclusion Act 1854 Kansas-Nebraska Act passed 1857 Supreme Court issues Dred Scott decision; Missouri Compromise unconstitutional GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 526 DOCUMENT OF TITLE with a New Hampshire lawyer for several years. At this time in the United States most aspiring lawyers “read the law” as Doe did, apprenticing themselves unt il they were ready to take the state bar exam. Doe passed the New Hampshire bar exam in 1852 and began a PRIVATE LAW practice in Dover. During the 1850s he also served as the county solicitor and assistant clerk to the New Hampshire State Senate. In 1859, at the age of 29, Doe was appointed an associate justice to the New Hampshire Supreme Judicial Court. At this point in the state’s history the Supreme Judicial Court fun- ctioned as both a trial and appellate court. Doe spent much of his time riding circuit and hearing cases. Before the Civil War he left the DEMOCRATIC PARTY over the party’s pro-slavery position and joined the REPUBLICAN PARTY. This action temporarily hurt his judicial career when the court was dissolved in 1874 by the Democratic state legislature. He spent two years in private practice before the 1876 state con- stitutional convention created a new Supreme Court and a Republican administration named him chief justice. He would serve for the next 20 years in this capacity. Though personally eccentric (he dressed in the clothes of a farmer instead of judicial garb and insisted that the courtroom window be removed during frigid w inter weather), Doe distinguished himself as a jurist. He was pri- marily concerned with simplifying and codify- ing court procedures and the rules of evidence. He did not develop a judicial philosophy but subscribed to New England Yankee “pra- cticality.” Doe ignored court preced ents, which are the bedrock of the common law, to adopt simplified procedures. In addition, he was the first judge to abandon the common law rule that required a new criminal trial if any prejudicial error was found. Instead, Doe stated that a new trial should be limited to only the issues in which the error had occurred. In the realm of evidence rules, Doe dispensed with many exclusionary rules and placed as much information before the jury as possible. He did so out of respect for the wisdom of the jury. Doe died in 1896 in Rollinsford, New Hampshire, having spent 35 years on the state’s highest court. FURTHER READINGS “Doe of New Hampshire: Reflections on a Nineteenth Century Judge.” 1950. Harvard Law Review 63. “The Late Judge Doe of New Hampshire.” The New York Times (March 18, 1896). Available online at http:// query.nytime s.com/me m/archive- free/pdf?res =9E00 E2DF1638E033A2575BC1 A9659C94679ED7CF; website home page: http://query.nytimes.com (accessed September 2, 2009). Surdukowski, Jay. 2008. “Not Your Average Doe: Notes on the Recently Discovered Library of Chief Justice Charles Doe.” New Hampshire Bar Journal (winter). DOING BUSINESS A qualification imposed in state long-arm statutes governing the service of process, the method by which a lawsuit is commenced, which requires nonresident corporations to engage in co mmercial transactions within state borders in order to be subject to the person al jurisdiction of state courts. The Due Process Clause of the U.S. Constitution, and similar provisions found in state constitutions, guarantees the fair and orderly administration of justice by the courts by providing that any individual, including corporations, must receive notice of the charges against him or her or it and an opportunity to present a defense prior to the rendition of judgment. This clause has been interpreted by courts to require a state to have some tie or relationship to a defendant before its courts acquire the power to bind the individual per- sonally. Employing this reasoning, state legis- latures enacted statutory provisions requiring nonresident or foreign corporations to do or transact business within the state if they are to be amenable to the PERSONAL JURISDICTION of its courts. DOING BUSINESS is one kind of minim um contact that brings such a corporation within the jurisdiction of the court. The nature and extent of business to be done within a state varies according to the jurisdiction. It must be an exercise of some of the functi ons for which the enterprise is incorporated and it must be of a sufficient nature to justify an inference that the corporation is present within the state. If so, the corporation is viewed as having received some benefit of the laws of the state and, therefore, should also be liable for its actions therein. In the past, there had to be a substantial tie to the state, such as the opera- tion of an office or the presence of a resident employee. In the early 2000s, courts consider this requirement fulfilled by a single commer- cial transaction, if the cause of action—facts providing a right to a judicial remedy—arises from it. If the CAUSE OF ACTION does not, however, a nonresident corporation is not GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOING BUSINESS 527 . unconstitutional GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 526 DOCUMENT OF TITLE with a New Hampshire lawyer for several years. At this time in the United States most aspiring lawyers “read the law . code) [continued] A sample docketing statement (continued). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOCKET 521 A sample docketing statement (continued). Docketing Statements (Civil) Address:. attachment, if necessary). [continued] A sample docketing statement (continued). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DOCKET 5 23 Asampledocketing statement (continued). ILLUSTRATION