The Supreme Court has exclusive jurisdiction over disputes between different court systems and regions. It can annul appellate court decisions on legal but not factual points, and can provide advisory opinions to the government and guidance to lower courts. Four court systems operate below the Supreme Court: general civil and criminal courts, religious courts for Muslim matters, administrative courts, and military courts. Efforts at judicial reform to address corruption have been ineffective so far.
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
PPT on ' The Indian judiciary'. You have to show/include the following in it.
1. Two main features of our judicial system.
2. Composition of the Supreme Court and High Court
3. Name of current Chief Justice of India.
3. Jurisdiction of the High Court and the Supreme Court
4. Subordinate Court
5. Access to courts
6. PIL
The Philippine judicial and legal system, including its legal education system, blends elements of civil law inherited from the Spaniards and American common law. For instance, civil code procedures on family and property matters, among others, and the absence of jury trials are attributable to the Spanish civil law influences. However, most of the more significant laws governing trade and commerce, taxation, labor relations, and governmental operations, as well as the principle of judicial precedents are an American derivation. In the hierarchy of laws, the Constitution has the highest legal force, followed by domestic statutes. In addition, generally accepted principles of international law and judicial precedents (i.e., decisions of the Supreme Court) also form part of the laws of the land.
The Indian Judiciary is a system of courts that interpret and apply the law i...AsifShaikh623674
The Indian Judiciary is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The constitution provides for a single unified judiciary in India.
The Indian judicial system is managed and administrated by officers. Judges of Subordinate Judiciaries are appointed by the governor on recommendation by the High Court. Judges of the High Courts and Supreme Court are appointed by the President of India on the recommendation of a collegium.
PPT on ' The Indian judiciary'. You have to show/include the following in it.
1. Two main features of our judicial system.
2. Composition of the Supreme Court and High Court
3. Name of current Chief Justice of India.
3. Jurisdiction of the High Court and the Supreme Court
4. Subordinate Court
5. Access to courts
6. PIL
The Philippine judicial and legal system, including its legal education system, blends elements of civil law inherited from the Spaniards and American common law. For instance, civil code procedures on family and property matters, among others, and the absence of jury trials are attributable to the Spanish civil law influences. However, most of the more significant laws governing trade and commerce, taxation, labor relations, and governmental operations, as well as the principle of judicial precedents are an American derivation. In the hierarchy of laws, the Constitution has the highest legal force, followed by domestic statutes. In addition, generally accepted principles of international law and judicial precedents (i.e., decisions of the Supreme Court) also form part of the laws of the land.
The Indian Judiciary is a system of courts that interpret and apply the law i...AsifShaikh623674
The Indian Judiciary is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The constitution provides for a single unified judiciary in India.
The Indian judicial system is managed and administrated by officers. Judges of Subordinate Judiciaries are appointed by the governor on recommendation by the High Court. Judges of the High Courts and Supreme Court are appointed by the President of India on the recommendation of a collegium.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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1. Read this Article!
The Supreme Court has exclusive jurisdiction in disputes between courts of the different
court systems and between courts located in different regions. It can annul decisions of high (appellate)
courts on points of law, not fact. On request, it can give advisory opinions to the government and
guidance to lower courts. However, its powers of judicial review are limited to decisions on whether
administrative regulations and local regulations conform to the laws as passed by the DPR. Another
reform to strengthen the system of cheques and balances was the 2004 shift of administrative and
financial control over the lower courts from the Department of Justice (now called the Department of
Justice and Human Rights) to the Supreme Court.
Four different court systems operate below the Supreme Court. First, there are courts of
general civil and criminal jurisdiction. District courts are the courts of first instance. High courts (at
the provincial level) are appellate courts. Following the Dutch legal system, cases are decided by panels
of judges rather than juries. Sources of law on which parties to a dispute may base their claims include:
international law (to date rarely used); modern Indonesian civil law, which has replaced but is often
rooted in colonial-era Roman-Dutch civil law; and adat (customary) law, which differs widely among
ethnic groups. The court system remains highly corrupt, with verdicts in both civil and criminal cases
influenced by bribery by both plaintiffs and defendants. Although judicial reform is the key to
consolidating
2. democracy and establishing a more favorable investment climate, efforts at judicial reform
have so far been half-hearted and largely ineffective.
Second, religious courts exist throughout Indonesia to resolve disputes between
Muslims in matters of marriage, divorce, inheritance, and gifts. These district-level courts
base their decisions on Islamic law. As in the secular court system, religious high courts are
appellate courts at the provincial level. One of the persistent tensions between Muslims and
the state arises from efforts to expand the jurisdiction of the religious courts.
Third, the state administrative court system resolves matters pertaining to the
decisions of government officials. In addition, the Taxation Review Board adjudicates
taxation disputes. Other administrative courts were eliminated as part of the government’s
effort to simplify and standardize the court system.
Fourth, military courts have jurisdiction over TNI (Army) members. After the 1965
coup attempt, temporary special military courts were given authority to try military personnel
and civilians alleged to be involved in the abortive coup. Hundreds of sentences ranging
from 20 years’ imprisonment to death were meted out by the special military courts, with
executions occurring more than two decades after the event. The DPR has included a
provision in a draft military law that would require all military personnel accused of
nonmilitary crimes to be investigated by civilian prosecutors and tried by the civil court
system. The military leadership opposed this provision, and it is still being debated. Another
court, the Corruption Crimes Court (Tipikor Court), was established in 2003 to confront
widespread corruption in Indonesia, especially in cases of financial loss to the state and as a
deterrent to future corruption. In 2006, however, the Constitutional Court ruled that the
Tipikor had no legal basis and gave the DPR and the government until December 2009 to
pass a law to justify the court’s continued existence. Tipikor was allowed to continue to
function during this period, and in September 2009 the DPR complied with appropriate
enabling legislation, thus ensuring the court’s constitutionality.
3. After reading the article, please decide the statements below as true or false!
1. Supreme Court shall present advice to the government and lower courts when
needed;
2. Kidnapping and torturing someone will be prosecuted on state administrative court;
3. The case of rebellion in 1965 is the reason why the House of Representative (DPR)
made a submission for provision in the establishment of military court;
4. Muslims and Indonesia government never have any problem dealing with the influence
and area of jurisdiction of religious court;
5. Except the Taxation Review Board, other unnecessary administrative courts were
abolished by the government to make them easier to do illegal activities freely;
6. The Constitutional Court never pressed an issue about legal basis on the Corruption
Crimes Court (Tipikor Court) until 2009;
7. International law, modern Indonesian civil law, and customary law are the sources of
courts of general civil and criminal jurisdiction;
8. Tipikor Court was established in 2003 and disbanded in 2006;
9. Religious court solves cases for Muslims, for instance marriage and divorce
10.Civil and criminal court in Indonesia was stained with corruption and bribery.
4. Key words
1.Abortive Coup : kudeta yang gagal
2. Administrative Regulations: undang-undang administrasi
3. Appellate : naik banding
4. Civilians : warga sipil
5. Corruption Crimes Court : Pengadilan Tindak Pidana Korupsi
6. Debated : diperdebatkan
7. Department of Justice and Human Rights : Kementrian Hukum
dan HAM
8. Financial Loss : kerugian finansial; kerugian keuangan
9. Guidance : pedoman; petunjuk; bimbingan
10.Half-Hearted : setengah hati; ragu-ragu; lemah
11.Judicial Reform : reformasi peradilan
12.Judicial Review : peninjuauan ulang
13.Local Regulations : peraturan daerah 1
14.Lower Courts : pengadilan tingkat rendah
15.Standardize : membakukan; menstandarisas