20:38
haha suckers!!!!!!!!!!!!!!!!!
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
procedural-default doctrine
Read a random definition: hypothecary
A quick definition of procedural-default doctrine:
The procedural-default doctrine is a rule that says if someone files a habeas corpus petition in federal court, but they didn't follow the correct procedures in state court, then the federal court can't review the case. This means that if the state court refused to hear the case because the person didn't follow the rules, then the federal court can't do anything about it.
A more thorough explanation:
The procedural-default doctrine is a principle that states that a federal court cannot review the merits of a habeas corpus petition if a state court has refused to review the complaint due to the petitioner's failure to follow reasonable state-court procedures.
For example, if a person is in prison and files a habeas corpus petition claiming that their constitutional rights were violated during their trial, but they did not follow the proper procedures for filing the petition in the state court, the federal court cannot review the petition. The petitioner must first exhaust all available state court remedies before seeking relief in federal court.
This doctrine is based on the idea that state courts should have the opportunity to correct any errors before a federal court intervenes. It also encourages petitioners to follow proper procedures in state court before seeking relief in federal court.