structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. However‚ there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been treated with hostility by the Supreme Court. The Court of Appeal is bound by decisions of the House of Lords even if it considers them to be wrong. It was also bound by its own decision‚ however in Young v Bristol Aeroplane‚ the Court of Appeal held that
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Lawrence are tried and found guilty in a court of law. They attempted to appeal the conviction based on the defense of self-defense. They were denied but still able to be acquitted. Legal Issue(s) on appeal: The legal issue in question (on appeal) is whether the defendants can claim the self-defense defense. The defendants wish to claim this defense because Agent Wallie Howard had opened fire on them during the third cocaine “buy-bust” deal. Appellate Court Decision: The Appellate Court’s decision
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4 Equity and the common law in the narrow sense Conclusion Summary Tutor-Marked Assignments References / Further Reading 1.0 INTRODUCTION This is an introductory unit. It introduces us to the law of equity and how it was developed in the court of Chancery in England. There is a wealth of literature on equity jurisprudence; its origin‚ development and the part it has played in those countries having the common law as the foundation of their legal systems. From its origin to the present period
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The Court System Structure – Kentucky State Courts The Kentucky State courts consist of 5 levels of jurisdiction beginning at the District level. At this level there are 116 Judges and commissioners who conduct jury trials in most cases (The National Center for State Courts‚ 2001). The types of cases handled by them are exclusive traffic‚ juvenile‚ misdemeanors‚ domestic‚ and real property up to $4‚000 and small claims up to $1500. The next level is the Circuit Court having 95 judges
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important and extremely demanding positions. These are the people who speak for the judicial branch of the federal government and the Chief Justice serves as the chief administrative officer for the federal courts. The Supreme Court is the highest federal court in the United States. Justices of this court are positions that are needed for the health of the government and nation‚ so it common for innumerable requirements and qualities to be wanted by the general public and placed upon any nominees striving
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of the court hierarchy means that there are courts that are superior to other courts. One reason for this is if you are unhappy with a decision from a particular court you can appeal your case to a higher court. Another reason for the existence of the court hierarchy is the doctrine of precedent. This allows courts higher in the hierarchy to create a precedent that all lower courts must follow‚ making sure all cases are heard in a similar manner. Another reason for the existence of the court hierarchy
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Different types of Courts in India Indian Judiciary is the continuation of the British Legal system established by the English in the mid-19th century based on a typical hybrid legal system in which customs‚ precedents and legislative law have validity of law. Constitution of India is the supreme authority of the country. There are various levels of judiciary in India — different types of courts have different styles of judges. They also form a strict hierarchy of importance‚ in line with the order
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The Warren Court The 1960’s was an evolution of change in American history. When Earl Warren became Chief Justice of Supreme Court in 1953 it made the most dramatic changes and held a far more liberal view than any other Supreme Court before. Some of its most important rulings were on African-American civil liberties. The Supreme Court changed American law on segregation in schools‚ criminal procedure‚ and privacy rights. Before the Warren Court the American law treated blacks as second class citizens
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AP Government For over 60 years‚ the Supreme Court has been making crucial decisions in controversial cases. There are many factors that affect the court’s and the judge’s opinion. Public opinion is the voice of the people. Can courts diverge too far from public opinion? The Supreme Court cannot derive too far from public opinion on many controversial cases but can certainly where appropriate. Controversial cases such as abortion‚ homosexuality‚ and death penalty receive a great
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Chapter 3 – Jurisdiction State Court: Subject Matter Jurisdiction Personal Jurisdiction: Defendant voluntarily subject themselves by: Forum Selection Clause No challenge of lawsuit OR Defendant is a resident (can be sued at permanent place of residence/business) OR Defendant is served with process while in the state (plaintiff files complaint‚ defendant receives summons = process once received‚ clock starts ticking) OR Defendant did business‚ entered/breached a K or committed a tort in
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