To hear and decide a case a court must have both "personal jurisdiction" and "subject matter" jurisdiction. Personal jurisdiction refers to the court's power over the parties involved in the lawsuit. Subject matter jurisdiction refers to the court's power over the type or category of the
After the defendant receives the Summons, he or she will send an answer. The response will deal with each paragraph in the complaint. A counterclaim can be filed by the defendant if he or she has their own claim against the plaintiff. If there is a counterclaim filed the plaintiff may react by organizing a “Reply.” The Reply will “admit,” “deny,” or emphasize that the plaintiff deficient amount of information, just as the original answer did The second stage in the civil suit is Fact-Finding and Discovery. Federal court system requires disclosure of all pertinent information and documents to the other side prior.
Sovereignty is used to describe the idea of the power of law making unrestricted by any legal limit, Parliamentary sovereignty is part of the uncodified constitution of the United Kingdom. It dictates that Parliament can make or unmake any laws as it is the ultimate legal authority in the UK. Parliament is still sovereign as it can make law on any matter and it has legislative supremacy. However parliamentary sovereignty can be questioned due to the membership of the European Union and the Human Rights Act. Parliament can make laws on any matter due to Dicey in ‘Law of the Constitution (1885).’ He said that ‘in theory Parliament has total power.
2. What is the number of the form, which must be used for a Notice of Appeal in the Supreme Court of Canada? This form may be used in a number of different types of cases (according to the parties involved, issues raised etc.) in non-criminal matters. What types of cases are those (give your reference)?
To do so, examine Ott’s facts carefully, and locate cases with similar or comparable facts where IIED was an issue. Cite each of the four cases, using proper citation format and summarizing why each case is
Is this a Federal Constitutional issue and/or a state issue? Holding(s); It is the responsibility of the states to provide legal assistance programs to prisoners. This assistance may consist of law libraries and/or legal assistance. Reasoning; The Constitution dictates the rights of prisoners to have adequate access to legal libraries and or assistance so they can adequately prepare for their cases and to have access to the courts. Decision: Affirmed - MR. JUSTICE MARSHALL delivered the opinion of the Court.
Tanya Trucker, the Supreme Court shall have original jurisdiction. According to TITLE 28 > PART IV > CHAPTER 81 > § 1251 of the U.S. code (a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States. (b) The Supreme Court shall have original but not exclusive jurisdiction of: (1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties; (2) All controversies between the United States and a State; (3) All actions or proceedings by a State against the citizens of another State or against aliens. The Supreme Court shall have jurisdiction, in both law and fact with such exceptions, and under such regulations as the congress shall
Canadian Legal Research and Citation Guide Chapter 1: Introduction to Legal Research and Citation This chapter provides an general overview of ▪ primary and secondary resources ▪ the process of legal research ▪ Legal terminology and citation. Primary and Secondary Legal Resources It is common to divide the world of legal information into two broad categories: ▪ Primary legal resources include: ▪ (i) legislation (statutes, regulations, and orders-in-council) and ▪ (ii) case law (decisions of courts and administrative tribunals). Primary legal resources are the products of official bodies with the authority to make law. Thus, primary legal resources can affect the legal rights of citizens.
The Supreme Court presides on cases that conflict with the Constitutional laws and with treaties of foreign affairs. The framers of the US Constitution were determined to separate the powers of the federal government into three branches: Legislative, Executive, and Judicial. The Supreme Court is in the Judicial Branch of government. Once the Supreme Court renders a decision, all other courts in the country follow the precedent set by that decision (Dautrich and Yalof 277). This precedent is also known as Stare
Municipalities enforce their by-laws through their own investigations and by acting upon complaints from the public. A by-law is only enforceable within the jurisdiction or area that the municipality covers. Although the province can create municipalities, the provinces may only pass on authorities to municipalities that they themselves have. In this particular case, the province and municipality will maintain that this law is within their jurisdiction as it relates to ‘local matters’. The other side of the argument is that the bylaw is a criminal law given its intended purpose and as criminal law falls under federal jurisdiction, and therefore the bylaw is ultra vires and should be