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Class oral argument question

Posted: Tue Apr 18, 2017 4:17 pm
by #NotACop
One of my classes is structured to very closely mirror real life. To the point where we can file any motion we want in the appeal. I have an oral argument tonight, and earlier today I filed a motion to dismiss for lack of jurisdiction. The opposing side replied and said the "court" should sanction me for causing undue delay to the appeal. I haven't noticed that there was an argument for this beforehand which is why I am bringing up the argument Inow. in terms of bringing up a challenge to the power of the court to even hear the argument...can that be an undue delay?

Re: Class oral argument question

Posted: Tue Apr 18, 2017 4:34 pm
by kellyfrost
#NotACop wrote:One of my classes is structured to very closely mirror real life. To the point where we can file any motion we want in the appeal. I have an oral argument tonight, and earlier today I filed a motion to dismiss for lack of jurisdiction. The opposing side replied and said the "court" should sanction me for causing undue delay to the appeal. I haven't noticed that there was an argument for this beforehand which is why I am bringing up the argument Inow. in terms of bringing up a challenge to the power of the court to even hear the argument...can that be an undue delay?
So long as your motion is not frivolous.

Re: Class oral argument question

Posted: Wed Apr 19, 2017 6:15 am
by cavalier1138
If it's a good motion, doesn't matter. Jurisdiction is always fair game for an appeal.

Re: Class oral argument question

Posted: Wed Apr 19, 2017 1:42 pm
by encore1101
Just to be sure, you argued that the court lacks subject-matter jurisdiction, right?

edit: also, whoever your classmate is, s/he's kind of a dick or a troll to ask that the "court" sanction you.