Federal Rule of Appellate Procedure 40 allows a petition for panel rehearing stating with particularity each point of law or fact the petitioner believes the court overlooked or misapprehended. Rule 35 governs rehearing en banc, which is not favored and is ordered only where necessary to secure or maintain uniformity of the court's decisions or where the proceeding involves a question of exceptional importance. Rule 41 controls when the mandate issues and how it may be stayed.
Federal Rule of Evidence 401 makes evidence relevant if it has any tendency to make a fact of consequence more or less probable. Rule 402 admits relevant evidence unless another rule excludes it and bars irrelevant evidence outright. Rule 403 then allows a trial judge to exclude relevant evidence when its probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, delay, or needless repetition.
State retail licenses impose operating conditions on hours, premises, staff and sourcing, and prohibit service to visibly intoxicated persons. Sales to persons under the legal drinking age are prohibited in every state, supported federally by the highway funding condition in 23 U.S.C. 158. Most states also recognize dram shop liability, allowing a person injured by an intoxicated patron to sue the licensee that served the patron, subject to statutory elements and limits.
Under 21 CFR Part 56 a clinical investigation may not begin until an institutional review board has approved it, applying the criteria in 56.111 covering minimized risk, favorable risk-benefit balance, equitable subject selection, informed consent, data monitoring, privacy and safeguards for vulnerable subjects. Part 50 governs consent: 50.20 sets general conditions, 50.25 lists the required elements, and 50.27 requires a signed document.
Article 5 defines rights of custody as rights relating to the care of the child, and in particular the right to determine the child's place of residence. Article 3 says those rights may arise by operation of law, by judicial or administrative decision, or by an agreement having legal effect. The Supreme Court held in Abbott that a clause forbidding removal without the other parent's consent is a right of custody, so it supports a return petition.
A limited partnership interest or non-managing membership interest sold to an immigrant investor is ordinarily an investment contract and therefore a security. Selling a security requires registration unless an exemption applies, and these offerings almost always rely on the private placement exemption and its Regulation D safe harbor, often with the offshore safe harbor for sales made abroad. Exemptions relieve registration only; the antifraud provisions still apply.
The securities program under 15 U.S.C. 78u-6 and 17 CFR 240.21F, the commodities program under 7 U.S.C. 26 and 17 CFR Part 165, and the tax program under 26 U.S.C. 7623 all pay a percentage of what the government collects. Each requires original information voluntarily provided, each sets a monetary threshold below which the award is discretionary or unavailable, and each is administered by the agency rather than through a private lawsuit.
The Convention on the Service Abroad of Judicial and Extrajudicial Documents applies whenever there is occasion to transmit a document abroad for service and the address of the person to be served is known. Each party designates a central authority that receives requests, serves the document by its own methods or by a requested method, and returns a certificate. The Convention also permits postal and consular channels unless the destination state has objected.
Where the Service Convention does not govern, three routes remain. Service may be completed domestically on an agent, which takes the case out of the treaty entirely. A letter rogatory may be sent through diplomatic channels to a foreign court, which is reliable and slow. Or the court may order an alternative means under Federal Rule of Civil Procedure 4(f)(3), provided it is not prohibited by international agreement and satisfies due process.
The Uniform Child Custody Jurisdiction and Enforcement Act, a uniform act adopted state by state and renumbered into each state's own code, directs a court not to exercise custody jurisdiction where a proceeding was already commenced in another court exercising jurisdiction substantially in conformity with the act. The court must examine the pleadings, stay its case, and communicate with the other court. Foreign countries are treated as states for this purpose.
A designated regional center is subject to continuing oversight. The statute requires periodic audits of each center, permits site visits to the center, the new commercial enterprise and the job-creating entity, and obliges the center to file an annual statement covering capital, jobs and the persons involved. Refusing access is itself a ground for sanction, and findings can produce fines, suspension, debarment of individuals or termination of the designation.
The Foreign Sovereign Immunities Act makes a foreign state immune from the jurisdiction of federal and state courts except as the statute itself provides, and it is the sole basis for obtaining jurisdiction over a foreign state. A foreign state includes its political subdivisions and its agencies and instrumentalities. Exceptions cover waiver, commercial activity, certain expropriations, property in the United States, some domestic torts, and arbitration.
