to remand. The court ruled in favour of the Defendant. The Plaintiff’s motion to remand was denied. Four issues can be identified in this case: 1. Whether federal jurisdiction attached to claims governed by the CISG. -> Yes‚ CISG is ratified by the U.S. According to 28 U.S.C. at 1331(a) gives US district courts original jurisdiction over claims that arise under “treaties of the United States”. Specifically‚ CISG is a U.S treaty and therefore‚ US district courts may hear complaints that arise under
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Appellate Division and the High Court Division. The Appellate Division The Appellate Division of the Supreme Court has no original jurisdiction. As like as the High Court Division the source of jurisdiction of the Appellate division is also two- the constitution and ordinary law. But an ordinary law can give the Appellate Division only appellate jurisdiction as stated in Article 103(4) of the Constitution. For example‚ section 6A of the Administrative Tribunals Act‚ 1980 provides that appeal
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Sessions Court‚ High Court‚ Court of Appeal‚ and finally‚ the Federal Court. The jurisdiction of the courts in civil or criminal matters are contained in theSubordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate jurisdiction‚ the High Court in Malaya‚ and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular Malaysia and for East Malaysia. The highest position
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report My first court visit was a civil appeal case under the hierarchy of appellant jurisdiction at the Intermediate court and my second visit was a criminal case under the original of criminal jurisdiction at the district court. Both courts are found in Port Louis‚ Mauritius. The difference between the two courts is that the appellant jurisdiction was already heard in a lower court whereas the criminal jurisdiction was heard for the first time in the lower court. The atmosphere and the surrounding
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concurrent‚ and exclusive jurisdiction into a more simplified and uncomplicated scheme. Pros and Cons of Court Unification The New York State Legislature and the voters of New York have an opportunity this year to play important roles in unifying our court system. Last year‚ the Legislature took the first step required to enact an amendment to the state Constitution‚ which would merge a variety of existing trial courts into a single statewide court of original jurisdiction. Depending on the
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Federal court The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. The Federal Court hears appeals from the Court of Appeal. Leave to appeal must always be obtained prior to proceeding with the appeal. The Federal Court is headed by the Chief Justice. According to Article 122(1) of the Federal Constitution‚ the Federal Court shall consist of the Chief Justice‚ the President
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Public International Law Notes LAWS 6243 1. History of International Law a. Ancient: Egypt‚ Mesopotamia‚ Greece & Rome b. Middle ages: authority of Church commencement of political divisions that would become States. c. Renaissance: State as sovereign competition between States. d. Early Theories: i. Spanish philosophers central to theory ii. Vitoria: 1480-1546 1. theory of natural law: law divine from source 2
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Civil Court * Law suit individual vs individual * Purpose is to ask for damages * By a preponderance of the evidence (more evidence then other ) 51% Criminal Court * State brings law suit against individual * Purpose to punish‚ revenge‚ “rehabilitate” * Beyond reasonable doubt Burdon of proof – amount of evidence Plaintiff- party bringing civil suit Pro – state bringing chargers against an individual Cause of action- reason for your law suite
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questions Jurisdiction –the power to hear and decide a case. Has multiple dimensions. Appellate jurisdiction – the authority of a court to review a prior decision in the same case but made by another court Original jurisdiction – the authority of a court to hear and decide a dispute in the first instance Trial courts Supreme court of the US is in some instances an original jurisdiction court Treaties is an example of when supreme court Personal jurisdiction – inpersonam jurisdiction – means court
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Sovereignty and International Law MIYOSHI Masahiro Professor Emeritus of International Law Aichi University‚ Japan Abstract Despite occasional claims for a fade-out of the Westphalian concept of State sovereignty‚ the international community does in fact continue to depend on it. The Marxist doctrine once predicted the fate of the concept‚ but developing countries‚ while adopting Marxist teachings in their criticism of the traditional international legal institutions‚ have tended to reinforce
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