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Legal Definitions - civil-rights removal

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Definition of civil-rights removal

Definition: Civil-rights removal is the process of transferring a legal case from a state court to a federal court because a person has been denied or cannot enforce a civil right in the state court, or because they are being sued for performing an act under a law that provides for equal rights, or for refusing to perform an act that would be inconsistent with equal rights.

Example: If a person is suing their employer for discriminationbased on race, and they feel that they will not receive a fair trial in the state court, they can request civil-rights removal to transfer the case to a federal court. This is because federal courts have more experience and resources to handle civil rights cases.

Explanation: Civil-rights removal is a legal process that allows individuals to seek justice in federal courts if they feel that their civil rights have been violated in state courts. This process ensures that everyone has access to a fair trial and equal protection under the law, regardless of their race, gender, or other protected characteristics.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Simple Definition

Civil-rights removal is the process of moving a legal case from a state court to a federal court. This can happen for three reasons: (1) if someone has been denied their civil rights in the state court, (2) if someone is being sued for doing something that is allowed under a law that provides for equal rights, or (3) if someone is being sued for refusing to do something that goes against equal rights. To move a case to federal court, the person must file papers and show that there is a valid reason for the federal court to hear the case.

The life of the law has not been logic; it has been experience.

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