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Simple English definitions for legal terms
transfer of a case
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A quick definition of transfer of a case:
Transfer of a case means moving a legal case from one court or judge to another. This can happen when the first court doesn't have the authority to handle the case or when it's more appropriate for another court to handle it. It's like moving a toy from one room to another. Sometimes, a person may want to move a case from a state court to a federal court because they believe their rights are not being protected in the state court. This is called civil-rights removal.
A more thorough explanation:
Definition: The transfer of a case refers to the lawful authority to remove a case from the jurisdiction of one court or judge to another. It is also known as the transfer of a cause.
Example: A case may be transferred from a state court to a federal court if a litigant files the necessary papers and shows a valid basis for federal-court jurisdiction. This is known as civil-rights removal, and it can occur for various reasons, such as when a person has been denied or cannot enforce a civil right in the state court.
Explanation: The transfer of a case involves moving it from one court or judge to another. This can occur for various reasons, such as when a litigant wants to move a case from a state court to a federal court. The example provided illustrates how a case can be transferred from a state court to a federal court for civil-rights removal. This can happen when a person has been denied a civil right in the state court or is being sued for performing an act under color of authority derived from a law providing for equal rights.