CONSTITUTIONAL COURT‚ GAUTENG (REPULIC OF SOUTH AFRICA) CASE NUMBER: 10/2012 In the Appeal between: HEAD OF THE DEPARTMENT OF SOCIAL DEVELOPMENT‚ FREE STATE APPELLANT And JOLENE PAKKIES Acting on behalf of Dineo Tau Zozo Tau Lulu Tau RESPONDENT ___________________________________________________________________________ HEADS OF ARGUMENT OF APPELLANT ___________________________________________________________________________ In an Appeal to the Constitutional Court the Appellant‚ the
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of the debt and their basis. Issues:1) How should the tax court deal with the transfer of non-recourse mortgage debt in property dispositions when the fair market value of the property is less than the property’s basis?
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Assignment one: Supreme Court case Roper v Simmons. Due February 3 rd 2014. Citation: 543 U.S 551‚125 S.Ct.1183‚ 161 L. Ed 2d 1‚ 2005 U.S. Facts: In 1993‚ respondent Christopher Simmons in the state of Missouri at the age of 17 and his friend‚ had planned to rob and kill a female victim named Shirley crook. Simmons entered the house‚ robbed it and proceeded to kill the victim and later threw her off of bridge in a state park. Subsequent to the trial‚ the court found Simmons to be guilty
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Individual Assignment Court Issues Analysis Paper General Questions - General General Questions Write a 1‚050-1‚400-word analysis in which you identify the current and future issues facing courts and court administrators today. In your analysis be sure to discuss the following areas: · Discuss future management issues and trends regarding language interpretation services. · Assess the past‚ present‚ and future impact that victim rights laws have on court proceedings. Format
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663‚ 671 (Ind. 2014). While a prosecutor may argue both law and facts‚ and propound inferences based on analysis of the evidence‚ the prosecutor still must confine closing argument to comments based only upon evidence in the record. Lambert v. State‚ 743 N.E.2d 719‚ 734 (Ind. 2001). A prosecutor may not engage
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The Supreme Court was presented with the case of Fischer vs. The University of Texas where Abigail Fisher was suing the University for discrimination in their affirmative action based admissions process. The Supreme Court voted 7-1 and ruled to send the case back to the lower courts for further review and put off making any final decisions to change the U.S. policy on affirmative action‚ a “longstanding but fragile societal compromise‚ one that forbids quotas but allows using race as one factor among
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The definition of an appeal according to the Merriam-Webster dictionary (http://www.merriam-webster.com/dictionary/appeal‚ n.d.)‚ is a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court. The appeals process is very important to the legal system‚ and it includes many different factors and steps to the appeals process this helps the judge make the right decision. One of the main steps to the process starts with the losing side having to apply
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Since there have been very few reported cases challenging drug courts jurisdiction or procedure‚ there is no valid argument against its procedures in terms of constitutional rights. However‚ questions expressed by both advocates and critics of judicial innovation and the different roles judges partake are seen to show the constitutional rights of drug participants are being overlooked (Lane‚ 2003). The broad question remains is whether proactive judges taking on the role of problem-solving can still
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of Georgia has approximately 350 municipal courts and five classes of trial-level courts: the magistrate‚ probate‚ juvenile‚ state and superior courts‚ along with two appellate-level courts: the Supreme Court and the Court of Appeals. In a magistrate court‚ warrants are issued‚ bail can be set for defendants‚ civil disputes such as violations‚ bad checks‚ landlord and tenant cases are settled‚ and minor criminal offenses are charged. In magistrate court‚ cases can be settled within the parties themselves
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American courts have carefully expanded mandatory disclosure by the prosecutor‚ especially with respect to disclosures of exculpatory evidence and impeachment material. Exculpatory evidence is any evidence that might exonerate the defendant at trial by either tending to cast doubt on defendant’s guilt or by tending to mitigate the defendant’s culpability‚ thereby potentially reducing the defendant’s sentence (David W. Neubauer & Henry F. Fradella). In Brady v. Maryland‚ he U.S Supreme Court held that
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