Chapter 3 & 4 Outline: Chapter 3: Jurisdiction Chapter 4: Alternative Dispute Resolution Chapter 3: Jurisdiction Equal Protection 14th Amendment of US Constitution Nor deny any person within its jurisdiction the equal protection of the laws 2009 Iowa Supreme Court Case Matter of equal protection under the law Check & Balances of 3 branches of government Judiciary checking legislative’s power ISSUE: State statues definition of “marriage” -limiting it to man & woman. Unconstitutional
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"Intermediate appellate courts and trial judges in Australia should not depart from decisions in intermediate appellate courts in another jurisdiction on the interpretation of Commonwealth legislation or uniform national legislation unless they are convinced that the interpretation is plainly wrong. Since there is a common law of Australia rather than of each Australian jurisdiction‚ the same principles apply in relation to non-statutory law." [152] This court has always had the ability (if need be by granting
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with primary jurisdiction; the respective legal domains of each are provided in the Code of Criminal Procedure. The preponderant majority of criminal law cases are initiated at a Magistrate’s Court. These cases may be initiated by any police officer‚ or public servant‚ with a written or oral complaint to the magistrate (see section on Magistrate’s Court). Murder trials and various offenses against the State originate in a High Court (see section on High Courts). Original jurisdiction over most
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the Uniform Computer Information Transactions Act article 2b section 110. The forum selection clause limits jurisdiction for the parties who enter into an agreement containing the clause. The enforceability of the forum selection clause came to question through the case of Bremen v. Zapata Off-Shore Co in 1972. Despite having a forum-selection clause‚ courts refused to decline jurisdiction on the basis of forum non convenience. Bremen v. Zapata Off-Shore Co is a precedent setting case which is now
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Jacob Nieuwenhuis Contemporary Issues MSR 10 March 2010 Universal Health Care in the United States “Of all tyrannies‚ a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep. His cupidity may at some time point be satisfied; but those who torment us for our own good will torment us without end for they do so with the approval of their
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attention has been focused on non―Muslims wishing to dispute official records of their Muslim identity. In Malaysia‚ Muslims are governed by both the civil laws and Shariah laws‚ with the former applicable universally while the latter only has jurisdiction over Muslims. But the parallel court systems suggest a legal limbo for Malaysians who do not identify themselves as Muslims but wish to remove the status from their records. In a recent interview‚ the Department of Syariah Judiciary Malaysia
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COURTS This consists of the High Court of Malaya‚ the High Court of Sabah & Sarawak‚ the Court of Appeal and the Federal Court. The Federal Court is the highest court of the land. High CourtsThe High Courts have general supervisory and revisionary jurisdiction over all the Subordinate Courts and hear appeals from the Subordinate Courts in civil and criminal matters. They hear matters relating to the validity or dissolution of marriage (divorce) and matrimonial causes‚ bankruptcy and companies winding
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case) STATE Trial court-1 judge Appellate court- 4 judges State Supreme Court 5 or more judges The lowest court for both state and federal where the dispute is first brought and tried is the court of original jurisdiction. Supreme courts and the appellate courts have appellate jurisdiction. When case is appealed they are concerned with any errors in the law at the lower level. 6. STRUCTURE OF THE CONSTITUTION – ARTICLES/ AMENDMENTS Article I powers of congress Article 2 powers of
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to claim back the HK$22‚000 with minimal litigation costs. 2. Possess 0.05 gram ketamine is categorized as a summary offence. Legal actions for summary offences can be heard in the Magistracy. The Magistracy was set up to exercise criminal jurisdiction over a wide range of indictable and summary offences meriting up to 2 years’ imprisonment and a fine of $100‚000. Magistrate can also issue warrants‚ bind a person over to keep the peace and a grant bail. 3. Annie will bring an action under
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LABOR ARBITER AND THE NLRC HAD NO JURISDICTION OVER THE CASE. — The basic issue in this case is whether the Memorandum of Agreement executed on July 15‚ 1988 gave ICMC immunity from suit. The Court holds it did. Consequently‚ both the Labor Arbiter and the NLRC had no jurisdiction over the case. Petitioner’s contention that the Memorandum of Agreement is not an act of Congress which is needed to "repeal or supersede" the provision of the Labor Code on the jurisdiction of the NLRC and of the Labor Arbiter
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