of the English courts‚ a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court deciding the new case‚ then the judge in the present case should follow the rule of law established in the earlier case. Where the precedent is from a lower court in the hierarchy
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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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jurisdiction of the Scottish criminal and civil courts. Give examples of the types of cases these courts will hear and indicate which Scottish legal personnel you would expect to find there. Scottish courts are divided into two distinct and separate systems‚ each with its own jurisdiction and terminology. As stated above these are the civil and criminal courts. First of all I will look into the structure and jurisdiction of the civil courts. The civil court deals with disputes between individuals‚
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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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arbitration and then being sent a "Right to Sue" letter‚ the next step is to file a complaint with the court of jurisdiction. Dependant on what discrimination law the Right to Sue letter is used will depend on what court the complaint will be filed. State or Federal Court systems are two separate and distinct institutions and have different rules of law. Comparing Differences in State and Federal Court SystemsBeginning an Equal Employment Opportunity Commission (EEOC) complaint is the only formal proceeding
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Supreme Court uses various criteria for the consideration of cases. Not all cases may be chosen by the Supreme Court‚ so they must wisely choose their cases. The Court must be uniform and consistent with the cases they choose according to federal law. "Supreme Court Rule 17‚ Considerations Governing Review on Certiorari ’" (Rossum 28).These rules are obligatory to follow because the Court uses it to grant certiorari. There are four basic rules for Rule 17. First‚ the Supreme Court must decide
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Term Limits for the Supreme Court Justices Intro Paragraph Imagine one of the highest ranked government officials having a memory loss disease such as Alzheimer’s. One-in-nine Americans over 65 has Alzheimer’s disease. Currently‚ seven out of the eight Supreme Court Justices is over the age of 65. Supreme Court justices serve a life-long term according to the Constitution‚ but there should be a term limit. This would make sure that there would be a balance of older and younger justice to balance
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The appointment of a Supreme Court Justice is an rare event of major significance in American politics. Each appointment is significant because of the large amount of judicial power the Supreme Court exercises. Appointments are scarce‚ and some presidents may not even have to deal with a vacancy on the Court. The Constitution allow helps protect the Court’s independence from the President and Congress. When there is a vacancy in the Supreme Court‚ there are decisions that have to be made to fill
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Court System Structure Checkpoint II Missouri State Court Systems vs. Texas State Court Systems CJS/220- Erin Berger The States of the United States have individual and unique governments with many similarities. All states are required by the constitution to have republican governments. Despite their similarities‚ all states have different government structures and procedures‚ as you will see in the following comparisons of Missouri and Texas state court systems. The Texas state court system
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3d‚ at 1023‚ it reasoned that voluntary intoxication is not a “mental disease or defect” as a matter of state law. Id.‚ at 250‚ 284 P. 3d‚ at 1023–1024 (citing State v. Kleypas‚ 272 Kan. 894‚ 40 P. 3d 139 (2001)). The court therefore concluded that “Cheever did not waive his Fifth Amendment privilege and thus permit his court ordered examination by Dr. Welner to be used against him at trial.” 295 Kan.‚ at 251‚ 284 P. 3d‚ at 1024. This reasoning misconstrues our precedents
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