(Download) "Power, Protocol, And Practicality: Communications from the District Court During an Appeal." by Notre Dame Law Review * Book PDF Kindle ePub Free

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Title: Power, Protocol, And Practicality: Communications from the District Court During an Appeal.
Author : Notre Dame Law Review
Release Date : January 01, 2009
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 408 KB

Description

INTRODUCTION It is a commonplace that when a litigant files a notice of appeal from the judgment of a district court, authority over the matters encompassed within the appeal passes from that court to the court of appeals. (1) As the Supreme Court stated in Griggs v. Provident Consumer Discount Co., (2) "a federal district court and a federal court of appeals should not attempt to assert jurisdiction over a case simultaneously." (3) Thus, "[t]he filing of a notice of appeal is an event of jurisdictional significance--it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal." (4)