paper was prepared for Introduction to Justice Administration 100‚ Module 1 Homework Assignment taught by Walter Witham. PART I: SHORT RESPONSE 1. Jurisdiction is the authority of a court to hear and decide cases. There are several types; a few are Appellate Jurisdiction‚ General Jurisdiction‚ Subject Matter Jurisdiction and Personal Jurisdiction. Appellate is a court that hears a case an appeal from a lower court. General is a court that hears various kinds of cases in general. Subject Matter
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INTERNATIONAL LAW OUTLINE I. THE TYPES AND SOURCES OF INTERNATIONAL LAW Statute of the International Court of Justice: (Article 38) The Court‚ whose function is to decide in accordance with international law such disputes as are submitted to it‚ shall apply: (a) international conventions‚ whether general or particular‚ establishing rules expressly recognized by contesting states; (b) international custom‚ as evidence of a general practice accepted as law; Determining custom: The general
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Marbury v. Madison (1803) Marbury v. Madison has been hailed as one of the most significant cases that the Supreme Court has ruled upon. In this paper‚ I will explain the origins and background in the case‚ discuss the major Constitutional issues it raised‚ and outline the major points of the courts decision. I will also explain the significance of this key decision. Origins and background of the case In the late 1700 ’s‚ John Adams was President. Adams was a member of the Federalist
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judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another ("foreign") jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings‚ or unilaterally without an express international agreement. The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another country or jurisdiction‚ and issues a judgment in substantially identical
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applicable laws and the conclusions of the Court. It would also provide a brief procedural history. Definitions Jurisdiction – the authority of a court to give a ruling on a case i.e. verdict in a legal dispute between two parties. Subject matter jurisdiction – the authority of a court to hear and decide on a certain case on the basis of specific subject or type Personal jurisdiction – as well the authority of courts over the two parties to decide on certain case Forum non conveniens or “inconvenient
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Marshall’s ruling was clear and concise. Marbury did have the right to his appoint under law. Marbury had the right to seek a remedy because he deemed himself injured but the Supreme Court could not issue the writ because it was not of original jurisdiction. If Marbury was to have went through a lower level court‚ the court would have issued the writ and taken his appointment as the chief justice of
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1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case. A federal court’s power to hear any case where the amount in controversy exceeds $75‚000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary The power of the federal courts to decide
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private law to solve problems in international legal relationships which arise from different legal systems. Every country has its own international private law. It deals with 3 main issues: 1. Jurisdiction in cases of litigation between 2 parties from different states (what court of law has jurisdiction?-EEX). 2. That the law will be applied in cases of international litigation between 2 parties (what law is to be applied?-ECO). 3. Solutions to legal problems arising out of an international legal
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Statement of the Problem The propensity of criminals to cross national borders--to engage in "transnational crime"-- is certainly not a new phenomenon; it is probably as old as the borders themselves. Borders were established to delineate the jurisdiction claimed by each state‚ and crossing national borders has often provided criminals with a way to mitigate or avoid the consequences of illegal acts. Yet in spite of a long‚ eventful history‚ there is strong evidence that transnational crime has
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detailed study. 2 Cyber Jurisdiction Internet creates virtual world. There are no demarcated boundaries between the people who utilize the web. The utility extends to information‚ e-banking‚ e-commerce‚ communication etc. the technology is open to hacking‚ pornography‚ gambling‚ identity-theft etc. This requires understanding of jurisdiction. Various principles have been evolved to decide the jurisdiction. To mention (1) minimum contest test (2) personal jurisdiction (3) long arm statutes. With
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