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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Administrative Law – LWZ312 EXAM NOTES 1. PROBLEM SOLVING 2 2. Practical steps 2 3. IRAC Method 2 4. Standard Exam Answers 2 A. INITIAL ISSUES 2 B. NATURAL JUSTICE 2 (i) Hearing rule 2 (ii) Bias rule 2 (iii) Jurisdictional errors in natural justice 2 5. Administrative Decisions (Judicial Review) Act 1977 2 6. Key principles in judicial review 2 7. Narrow/substantive ultra vires 2 C. Simple Ultra vires 2 (iv) Power to regulate 2 (v) Power to prohibit 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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Asylum case Columbia v Peru ICJ‚ 1950 Principle: In order to get the validity of international customary law it has to satisfy the material test. That is the practice must be uniform and consistently. Fact of the case: Victor Raul Haya de la Torre was a Peruvian national. In Oct 3rd‚ 1948 one military rebellion broke out in Peru which is organized and directed by the American People’s Revolutionary Alliance led by Haya de la Torre. The rebellion was unsuccessful. The Peruvian Government issued
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Territorial Sea is established up to 12 miles from the baseline of the coast. This is an extension of the land and the coastal state exerts full sovereignty over the area. It is an area of national jurisdiction. Also establishes a contiguous zone where the coastal State may exercise the control necessary to (1) prevent infringement of its customs‚ fiscal‚ immigration or sanitary laws and regulations (2) punish infringement of the above laws and regulations committed within its territory or territorial
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POL 120 H.R. 394 (112th Congress) The Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA) also known as the Removal Clarification Act of 2011 was introduced to the United States Congress by Mr. Johnson of Georgia (a representative of (R-TX) Rep. Lamar Smith). It is considered as the embodiment of some of the most far-reaching packages or collection of revisions to the Judicial Code‚ even more far-reaching than the Judicial Improvements Act of 1990. This bill clarified the jurisdictional
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