applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson’s Secretary of State‚ James Madison (Defendant)‚ to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed‚ or persons holding office‚ under the authority of the United States.” Ironically‚ John Marshall later became Chief Justice of the Supreme Court and author of the case’s opinion Issues 1
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of Appeals which could issue a writ of habeas corpus enforceable in the entire country. However‚ the petition was denied by the Court of Appeals on the ground that it did not have jurisdiction over the case. It ruled that since RA 8369 (The Family Courts Act of 1997) gave family courts exclusive original jurisdiction over petitions for habeas corpus‚ it impliedly repealed RA 7902 (An Act Expanding the
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KENYATTA UNIVERSITY CITY CAMPUS NAME :OOKO BEVERLY ACHIENG ADM NO:D33S/CTY/11363/2012 COURSE:BUSINESS LAW COURSE CODE: LECTURER: TASK: STRUCTURE AND ORGANISATION OF THE COURT In pre colonial era‚ different communities had different ways of restoring justice. The African Traditional Communities used the fora of justice at family‚ shrines‚ churches and mosques. Other dispute resolutions mechanisms included: a.Reconsiliation: is the process of making it possible for two different ideas‚ facts
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Mete Yorgan‚ January 22‚ 2008 Cunningham and Attorney General for British Columbia v. Tomey Homma and Attorney General for Canada (1902) The case illustrates the impact of judicial decisions with respect to Provincial Jurisdictions vs. Federal Jurisdictions in Canada. Case Summarized: Tomey Homma was born in Japan. However‚ as a naturalized British Subject‚ he requested to be placed on the registry of voters in the Vancouver electoral district. The Provincial Elections Act of British
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GLOBAL AUDIT LEARNING AND DEVELOPMENT IAS 21 – The Effects of Changes in Foreign Exchange Rates AUDIT © [year] [legal member firm name]‚ a [jurisdiction] [legal structure] and a member firm of the KPMG network of independent member firms affiliated with KPMG International‚ a Swiss cooperative. All rights reserved. Printed in [country in which the publication will be printed]. FOR INTERNAL USE ONLY 1 Learning objectives ♦ Describe the definitions as per IAS 21 ♦ Examine and Assess how foreign
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powers or jurisdictions‚ such as‚ original‚ appellate and administrative. Original Jurisdiction —— Under the original jurisdiction‚ a High Court has the power to issue direction or orders including writs to any person‚ authority and any government within its jurisdiction against the violation of the Fundamental Rights of the citizens. It has limited original jurisdiction in cases relating to admiralty‚ will‚ divorce‚ marriage‚ company laws and contempt of Court. • Appellate Jurisdiction —— Under
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The goal of this study is to propose an amendment to Section 195 of the Local Government Code (LGC) in the matter appealing a denial of protest of assessment by the local treasurer or his duly authorized representative to the court of competent jurisdiction. II. STATEMENT OF THE PROBLEM Under Section 195 of the Local Government Code which is quoted hereunder‚ a taxpayer who disagrees with a tax assessment made by a local treasurer may contest an assessment by filing a written protest
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In this case “Anthony Walden vs. Gina Fiore” they are trying to figure out if the state of Nevada has the right to exercise personal jurisdiction over the case. On August 8‚ 2006 TSA at San Juan airport searched Gina Fiore and Keith Gipson and their bags where they found about 97‚000 dollars cash‚ Fiore told them that they were just extreme gamblers that had just finished gambling at a local spot El San Juan. Also‚ she stated that she was a resident of California and Nevada and she planned to catch
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judicial systems connect. The authority of a court to hear and decide cases is called the jurisdiction. When a case is first brought to court is the authority of the original jurisdiction. When there is an error of law and the courts need to review the case‚ they will go to the appellate jurisdiction. When the court has the power to hear any case‚ this is called general jurisdiction. Special jurisdiction is where the court has the authority to hear exceptional circumstances. A particular
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family. A court in one of the divisions lacks subject matter jurisdiction to hear the case regarding matters of another division. U.S. state courts have a general jurisdiction; it means a state court is competent to hear to hear any case which no other state has jurisdiction over. The state has a role in hearing majority of the cases (Plager‚ 1989). Subject jurisdiction of the federal court is limited; federal court subject matter jurisdiction is derived from the congress enabling statues. The most important
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