Bootstrap Doctrine

• Bootstrap Doctrine

A principle in the resolution of conflict of laws that prevents a party from bringing an action in one state's court in an attempt...

• West's Encyclopedia of American Law
• Be

• USA v. Maria Delgado, (5th Cir. 2011)

... “[T]he cumulative error doctrine . . . . Case: 07-41041 Document: 00511355350...It is not meant to bootstrap a series of close calls or non-prejudicial errors ...

• Federal Circuits

• Unpublished Disposition Notice: Seventh Circuit Rule 53(B)(2) States Unpublished Orders Shall Not Be Cited or Used as Precedent Except To Support a Claim of Res Judicata, Collateral Estoppel or Law of the Case in Any Federal Court Within the Circuit. Gale E. Dryden, Plaintiff-Appellant, v. Sun Life Assurance Company of Canada, Incorporated, Defendant-Appellee., 909 F.2d 1486 (7th Cir. 1990)

... present facts showing a violation of the doctrine of good faith and fair dealing. II. The only issue... for appeal, he nevertheless attempts to bootstrap a derivative claim--that of a breach of the doctri...

• Federal Circuits

• Commodities Export Co., a Michigan Corporation, Plaintiff-Appellant, v. U.S. Customs Service, an Agency of the U.S. Government, Defendant-Appellee., 957 F.2d 223 (6th Cir. 1992)

...This case embraces two court-created doctrines: res judicata and the "bootstrap" principle. The d...

• Federal Circuits

• Bulletproof1 Your Trial: How to Avoid Common Mistakes That Jeopardize Your Case On Appeal

In order to cure any potential taint, curative instructions must focus on the impropriety and be given at a time when the curative instruction would have its intended effect.245 Trial counsel should not repeat the same error thus negating the curative nature of the instruction.246 If the trial counsel does comment, under the "invited response" doctrine, two essential factors should be present: (1) counsel should ensure that the record contains clear and unmistakable defense evidence or comment that would justify the invited reply doctrine or, in a Article 39(a), UCMJ, session, place on the record exactly what defense claim or evidence the comments seek to rebut; and, (2) trial counsel should ensure that the military judge gives the proper limiting instructions, subject to the objection ...

... it was clear that the members could not bootstrap that evidence and convict the accused merely becau...

• Army Lawyer, The
• Nbr. 8/2008, August 2008

• Section 1: Legislative Powers

..., violations of the separation-of-powers doctrine by the legislatures of the States were common-plac... States could be read as approving of a bootstrap theory, the Court in that case having upheld the v...

• Constitution of the United States (Annotated)

• Robert B. Rogers, Successor Executor for the Estate of Ewing M. Kauffman, and Julia Irene Kauffman, Executrix for the Estate of Muriel I. Kauffman, Plaintiffs-Appellants, v. United States of America, Defendant-Appellee., 281 F.3d 1108 (10th Cir. 2002)

... refund for overpaid taxes under the doctrine of equitable recoupment. See Rogers v. United Stat... that the "[t]axpayers' attempt to bootstrap limitations on the sham transaction doctrine into ...

• Federal Circuits

• Massachusetts v. EPA, 549 U.S. 2007 (2007)

...Contrary to EPA's argument, standing doctrine presents no insuperable jurisdictional obstacle he... nature of global warming itself as a bootstrap for finding causation and redressability. First, i...

• U.S. Supreme Court

• Klehr v. A. O. Smith Corp., 521 U.S. 179 (1997)

... before August 1989, and no special legal doctrine applied to toll the running of the limitations per... cannot use an independent, new act as a bootstrap to recover for injuries caused by other predicate ...

• U.S. Supreme Court

• The case for rebalancing antitrust and regulation.

... transitions, the Supreme Court's current doctrine governing the interaction of antitrust and regulat... (58) To the extent Trinko was trying to bootstrap an alleged violation of the FCC's unbundling rules...

• Michigan Law Review
• Vol. 109 Nbr. 5, March 2011