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Case Studies

RECONSIDER, VACATE AND MODIFY STANDARD OF REVIEW

  Rather, the rule permits a reconsideration only when “dispositve factual matters or controlling decisisions of law” were presented to the court but were overlooked. See Resorts Int’l v. Great Bay Hotel and Casino, 830 F. Supp. 826, 831 (D.N.J….

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Case Studies

Usurpation of Treaty, Constitutional and Legislative Power by the Courts

“To alter, amend, or add to any treaty, by inserting any clause, whether small or great, important or trivial, would be on [the] part [of courts] an usurpation of power, and not an exercise of judicial functions.” Id. at 135,…

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Case Studies

FRAUD UPON THE COURT

  We have previously stated that “fraud upon the court includes . . . fraud by an officer of the court, including an attorney.” In re Genesys Data Techs., Inc., 204 F.3d 124, 130 (4th Cir. 2000). This would, at…

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Case Studies

FUNDAMENTAL JUSTICE

  As to what would constitute fundamental injustice, it may be useful to consider a case such as State v. Cerbo, 78 N.J. 595 , 397 A.2d 671 (1979). In that case the Court dealt with a violation of statutory…

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Case Studies

Extraordinary Circumstances, Exceptional Circumstances and Special

  Finding “extraordinary circumstances in a legal system that was openly hostile to the [plaintiffs], courts that were practically closed to their claims, a City that blamed them…and actually suppressed the facts, an era of Klan domination of the courts…

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