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All Writs Act

Turkish translation: Mahkeme Yetki ve Sorumlulukları Yasası

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:All Writs Act
Turkish translation:Mahkeme Yetki ve Sorumlulukları Yasası
Entered by: shule
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23:44 Dec 24, 2002
English to Turkish translations [PRO]
Law/Patents
English term or phrase: All Writs Act
Amerikan Ceza Yasası 18/1651
shule
Local time: 23:20
Aşağıdakilere göre; Mahkeme Yetki ve Sorumlulukları Yasası
Explanation:
Writ
Kaynak: Wordsmith

a formal legal order, issued by a court or other public authority, directing the person to whom it is addressed to do or not do some specified act.

Kaynak :Britannica
in common law, order issued by a court in the name of a sovereign authority requiring the performance of a specific act. The most common modern writs are those, such as the summons, used to initiate ...

Kaynak: Glossary of Legal Terms
A written command in the name of the Sovereign, State, Court, etc issued to a person directing him/her to act or refrain from acting in some way (see summons).

Kaynak: Merriam-Webster
transitive senses
1 a : to form (as characters or symbols) on a surface with an instrument (as a pen) b : to form (as words) by inscribing the characters or symbols of on a surface c : to spell in writing <words written alike but pronounced differently> d : to cover, fill, or fill in by writing <wrote ten pages> <write a check>
2 : to set down in writing : as a : DRAW UP, DRAFT <write a will> b (1) : to be the author of : COMPOSE <writes poems and essays> (2) : to compose in musical form <write a string quartet> c : to express in literary form <if I could write the beauty of your eyes -- Shakespeare> d : to communicate by letter <writes that they are coming> e : to use or exhibit (a specific script, language, or literary form or style) in writing <write Braille> <writes French with ease> f : to write contracts or orders for; especially : UNDERWRITE <write life insurance>
3 : to make a permanent impression of
4 : to communicate with in writing <we'll write you when we get there>
5 : ORDAIN, FATE <so be it, it is written -- D. C. Peattie>
6 : to make evident or obvious <guilt written on his face>
7 : to force, effect, introduce, or remove by writing <write oneself into fame and fortune -- Charles Lee>
8 : to take part in or bring about (something worth recording)
9 a : to introduce (information) into the storage device or medium of a computer b : to transfer (information) from the main memory of a computer to a storage or output device
10 : SELL <write a stock option>
intransitive senses
1 a : to make significant characters or inscriptions; also : to permit or be adapted to writing b : to form or produce written letters, words, or sentences
2 : to compose, communicate by, or send a letter
3 a : to produce a written work b : to compose music
- write one's own ticket : to select a course of action or position entirely according to one's wishes
- writ large : on a larger scale or in a more prominent manner <the problems of modern totalitarianism are only our own problems writ large -- Times Literary Supplement>
- writ small : on a smaller scale

Respondent, Hurley Henson, respectfully submits this brief in support of the Petition in the above-captioned case. There is a manifest division in authority on whether federal district courts may employ the All Writs Act, 18 U.S.C. § 1651(a), as a basis for removal jurisdiction, in the absence of any other grounds for original jurisdiction. The split in the circuits is well documented and notorious, and the underlying issue is of great importance to the operation of the federal courts. Respondent is prepared to fully defend the decision of the Eleventh Circuit, in alignment with three other Circuits, that such a use of the All Writs Act is manifestly improper

Kaynak: http://supreme.lp.findlaw.com/supreme_court/briefs/01-757/01...
Does the All Writs Act, 28 U.S.C. 1651(a), grant federal district courts the original jurisdiction required under 28 U.S.C. 1441 to permit removal of cases that would otherwise be ineligible for removal?

There is a manifest division in authority on whether federal district courts may employ the All Writs Act, 18 U.S.C. § 1651(a), as a basis for removal jurisdiction, in the absence of any other grounds for original jurisdiction.

Respondent is prepared to fully defend the decision of the Eleventh Circuit, in alignment with three other Circuits, that such a use of the All Writs Act is manifestly improper.

Kaynak:http://corporate.findlaw.com/scripts/full_dkt.pl?court=msnd&...
... Restraining Order and Permanent Injunctions, pursuant to prior orders of this court,
the All Writs Act, 28 USC Sec. 1651, and FR.Civ.P. 65 (Note: Exhibits A,B ...
Kaynak: http://news.findlaw.com/hdocs/docs/mcveigh/mcveighopp060501....
The All Writs Act is properly invoked in these circumstances, in that its mission is to maintain the status quo pending the filing of a proceeding that gives the federal court jurisdiction to act on a case.
Kaynak: http://news.findlaw.com/hdocs/docs/moussaoui/usmouss72402mnd...
The court has jurisdiction under the All Writs Act, 28 U.S.C. § 1651

Kaynak: http://news.findlaw.com/hdocs/docs/mcveigh/mcveighstayrqst60...
The basis for our stay request in the District Court was that wee needed additional time to investigate before we could file a fraud on the count motion, and that the All Writs Act, 28.U.S.C. § 1651 (a), recognised the court’s inherent power to grant a stay in buch circumstances.



Selected response from:

Adil Sönmez
Local time: 23:20
Grading comment
Açıklamalarınız için çok teşekkür ederim. Önerdiğiniz gibi Mahkeme Yetki ve Sorumlulukları Yasası'nı kullanıp parantez içinde de orjinal ismini vereceğim.


4 KudoZ points were awarded for this answer

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Summary of answers provided
5Aşağıdakilere göre; Mahkeme Yetki ve Sorumlulukları YasasıAdil Sönmez
4 +1ABD Federal (hukumet) Yasasi (karari). Buna gore:Mustafa Yuksel


  

Answers


37 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
ABD Federal (hukumet) Yasasi (karari). Buna gore:


Explanation:
Kongere yasasiyla kurulan tum mahkemeler kanunlara uygun olagan ustu mahkeme kararlari verebilirler (alabilirler, cikarabilirler).

ALL WRITS ACT-A federal statue, 28 U.S.C. § 1651(a) (1982), that empowers all courts established by Act of Congress, including the Court of Military Appeals, to issue such extraordinary writs as are necessary or appropriate in aid of their respective jurisdictions and agreeable to the usage and principles of law.



Mustafa Yuksel
Local time: 21:20
PRO pts in pair: 23

Peer comments on this answer (and responses from the answerer)
agree  shenay kharatekin
10 hrs
  -> sagolun, arkadaslar "all writs act" ile uc kelimenin mantik cikarimini birbirine karistiriyorlar.
Login to enter a peer comment (or grade)

10 hrs   confidence: Answerer confidence 5/5
Aşağıdakilere göre; Mahkeme Yetki ve Sorumlulukları Yasası


Explanation:
Writ
Kaynak: Wordsmith

a formal legal order, issued by a court or other public authority, directing the person to whom it is addressed to do or not do some specified act.

Kaynak :Britannica
in common law, order issued by a court in the name of a sovereign authority requiring the performance of a specific act. The most common modern writs are those, such as the summons, used to initiate ...

Kaynak: Glossary of Legal Terms
A written command in the name of the Sovereign, State, Court, etc issued to a person directing him/her to act or refrain from acting in some way (see summons).

Kaynak: Merriam-Webster
transitive senses
1 a : to form (as characters or symbols) on a surface with an instrument (as a pen) b : to form (as words) by inscribing the characters or symbols of on a surface c : to spell in writing <words written alike but pronounced differently> d : to cover, fill, or fill in by writing <wrote ten pages> <write a check>
2 : to set down in writing : as a : DRAW UP, DRAFT <write a will> b (1) : to be the author of : COMPOSE <writes poems and essays> (2) : to compose in musical form <write a string quartet> c : to express in literary form <if I could write the beauty of your eyes -- Shakespeare> d : to communicate by letter <writes that they are coming> e : to use or exhibit (a specific script, language, or literary form or style) in writing <write Braille> <writes French with ease> f : to write contracts or orders for; especially : UNDERWRITE <write life insurance>
3 : to make a permanent impression of
4 : to communicate with in writing <we'll write you when we get there>
5 : ORDAIN, FATE <so be it, it is written -- D. C. Peattie>
6 : to make evident or obvious <guilt written on his face>
7 : to force, effect, introduce, or remove by writing <write oneself into fame and fortune -- Charles Lee>
8 : to take part in or bring about (something worth recording)
9 a : to introduce (information) into the storage device or medium of a computer b : to transfer (information) from the main memory of a computer to a storage or output device
10 : SELL <write a stock option>
intransitive senses
1 a : to make significant characters or inscriptions; also : to permit or be adapted to writing b : to form or produce written letters, words, or sentences
2 : to compose, communicate by, or send a letter
3 a : to produce a written work b : to compose music
- write one's own ticket : to select a course of action or position entirely according to one's wishes
- writ large : on a larger scale or in a more prominent manner <the problems of modern totalitarianism are only our own problems writ large -- Times Literary Supplement>
- writ small : on a smaller scale

Respondent, Hurley Henson, respectfully submits this brief in support of the Petition in the above-captioned case. There is a manifest division in authority on whether federal district courts may employ the All Writs Act, 18 U.S.C. § 1651(a), as a basis for removal jurisdiction, in the absence of any other grounds for original jurisdiction. The split in the circuits is well documented and notorious, and the underlying issue is of great importance to the operation of the federal courts. Respondent is prepared to fully defend the decision of the Eleventh Circuit, in alignment with three other Circuits, that such a use of the All Writs Act is manifestly improper

Kaynak: http://supreme.lp.findlaw.com/supreme_court/briefs/01-757/01...
Does the All Writs Act, 28 U.S.C. 1651(a), grant federal district courts the original jurisdiction required under 28 U.S.C. 1441 to permit removal of cases that would otherwise be ineligible for removal?

There is a manifest division in authority on whether federal district courts may employ the All Writs Act, 18 U.S.C. § 1651(a), as a basis for removal jurisdiction, in the absence of any other grounds for original jurisdiction.

Respondent is prepared to fully defend the decision of the Eleventh Circuit, in alignment with three other Circuits, that such a use of the All Writs Act is manifestly improper.

Kaynak:http://corporate.findlaw.com/scripts/full_dkt.pl?court=msnd&...
... Restraining Order and Permanent Injunctions, pursuant to prior orders of this court,
the All Writs Act, 28 USC Sec. 1651, and FR.Civ.P. 65 (Note: Exhibits A,B ...
Kaynak: http://news.findlaw.com/hdocs/docs/mcveigh/mcveighopp060501....
The All Writs Act is properly invoked in these circumstances, in that its mission is to maintain the status quo pending the filing of a proceeding that gives the federal court jurisdiction to act on a case.
Kaynak: http://news.findlaw.com/hdocs/docs/moussaoui/usmouss72402mnd...
The court has jurisdiction under the All Writs Act, 28 U.S.C. § 1651

Kaynak: http://news.findlaw.com/hdocs/docs/mcveigh/mcveighstayrqst60...
The basis for our stay request in the District Court was that wee needed additional time to investigate before we could file a fraud on the count motion, and that the All Writs Act, 28.U.S.C. § 1651 (a), recognised the court’s inherent power to grant a stay in buch circumstances.





Adil Sönmez
Local time: 23:20
PRO pts in pair: 118
Grading comment
Açıklamalarınız için çok teşekkür ederim. Önerdiğiniz gibi Mahkeme Yetki ve Sorumlulukları Yasası'nı kullanıp parantez içinde de orjinal ismini vereceğim.

Login to enter a peer comment (or grade)




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