The difference between original and appellate jurisdiction is original court has the power to hear first time cases as opposed to appellate. Appellate courts have the power of a higher court that reviews decisions and change outcomes or decisions of lower courts. Appellate is any court of law that is empowered to hear an appeal or trial, but they do not retry cases or hear new evidence. General and special jurisdiction also have its part in our judicial system. General jurisdiction is a state where a person can be sued for any crime regardless of where the underlining action or claim occurred. General jurisdiction exists in a state where the defendant is home. For example, if I lived in Jackson, TN then Jackson will have personal jurisdiction
In the case of Affleck and Damon v. Booth the primary nature of the case was in regards to their fourth amendment rights being broken; no probable cause for Booth and others to search and maintain their assets in the state of Georgia. In the District court, the ruling past onto both parties was that the case was dismissed due to Booth having no personal jurisdiction in the state of Nevada. This therefore was passed up to the Circuit court of Appeals whom overturned the lower courts decision based on the factors of the case encompassed more than the initial seizure. As both parties are not in agreement with where the trial shall be held the Supreme Court now will make a final decision based on issues to be ruled upon, material facts, and legal principles in practice.
United States v. Leon was a U.S. Supreme Court case about drug trafficking, where the Supreme Court created the exception of ?good faith? to the exclusionary rule. In August 1981, in Burbank, California, the California Police Department received an anonymous tip, accusing Armando Sanchez and Patsy Stewart as drug dealers. Police began watching their homes and followed leads based on the cars that were regularly seen at the homes. The police identified Alberto Leon and Ricardo Del Castillo as also being involved in the trafficking operation. Based on this surveillance and information
In the case of U.S. v Jones, the judicial branch had to address the questionable topic of whether or not the Fourth Amendment was violated (). Since this case was not black and white and did bring up many questions as to what was constitutional, the judges had to use judicial review. Judicial review is the power that allows judges to interpret the meaning of laws (Class, March 13). Once a law is understood a certain way, the people must follow it (Class, __). The U.S. v Jones case deals with the Bill of Rights (United, 1). This is due to the circumstance that the Fourth Amendment is included in the Bill of Rights document stating that “searches and seizures” cannot be done without a warrant (Class,___). The case of U.S. v Jones was about the violation of Jones’s Fourth Amendment when a GPS device was placed on his jeep without his consent because he was suspected of drug possession (United, 1). Since judges have the power to informally amend the Constitution using judicial review (Class, ___), they must take into consideration many contributing elements when making a decision.
a. Main: Trial by judge. From the very beginning, admiralty cases are w/o juries. Maybe someone brings suit in admiralty – to avoid the jury. ii. Admiralty cases can’t be removed from state to federal courts.
Q1 THE COURT/S IN WHICH THE CASE WAS HEARD (OUTLINE THE CRIMINAL JURISDICTION OF THE COURT)
The courts had original jurisdiction because they have the power to try a case and determine the outcome. Also, it is an original jurisdiction because they presented the eyewitness testimonies, has juries, and is conducting a trial. I did not agree with the eye witnesses that were presented in the case because they were testifying false information which leads to the possibility of them being co-rehearsed into what to say while being cross examined. While the author Schmidle is making the claim that the military did not consider the double jeopardy, he fails to consider the fact that they have the ability to try Hennis under the United States Army. The double sovereignty allows a person to be tried under the state and federal
The similarities between Federal and California Trial Courts are that they both take care of civil and criminal cases. However, the U.S. District Courts are required to handle these two special cases which are the cases from the Court of International Trade and U.S. Court of Federal Claims. In addition, every district with Federal district courts also has one U.S. bankruptcy court. California Superior Courts, in contract, take care of "appeals of small claims cases and other civil cases worth $25,000 or less and appeals of misdemeanor cases" (Superior Court of
How are federal courts of general jurisdiction different from state courts of general jurisdiction? State courts deal with every day cases dealing with state laws and regulations. They can vary from criminal procedures in civil or family cases, to lower offenses, such as parking tickets. They tend to be specific to the laws of each state, as the state is allowed to form their own set of laws to keep their residents “free and treat them equally”. Federal courts on the other hand, hear criminal that violate the US Constitution and/or cases that cross state lines , along with civil cases or bankruptcy cases. Both courts have appellate courts and interprets the laws (either state or federal laws). Federal court is more selective on the cases it
Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.
Dan Locallo is a very contradicting man. When he began his career as a prosecutor he was anything but polite to the defense lawyers. Locallo himself describes himself as “kind of an asshole” towards defense lawyers (Courtroom 302, 59). During his time as a prosecutor, Dan Locallo became intrigued by the opportunity to become a judge. When Steve Bogira asked Locallo why he wanted to become a judge, his reply seemed simple. Locallo claimed that he never wanted to become a judge because of a “power-trip” he does claim that “the power of attraction was a great influence” (Courtroom 302, 59). However, Locallo admits that the real reason why he wanted to become a judge was because he would have the “ability to make decisions, to do justice” (Courtroom 302, 59). As a judge, Locallo seems to express three different personalities, which tend to change depending on the current case at hand. His personalities are being compassionate judge, being an understanding judge, or being a hard-nose tough judge. Each of these personalities are not only determined by the case, but also by whether Locallo will profit on the long run; whether or not he will get reelected as a circuit judge at the end of his term.
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
The Municipal Courts tries cases of shoplifting and 1oz and under marijuana cases while also issuing out warrants. Probate Courts involve estates, last will and testaments, and power of attorney cases. The Magistrate Courts begin to deal with civil cases, issuing warrants on a person, and/or restraining (protective) orders. The Juvenile Courts deals with juveniles and the crimes that they commit and/or the welfare. State Courts have jurisdiction over the whole state; basically this means that the GPS can issue anyone within the state of Georgia a
Introduction This submission will discuss the problems created by the Doctrine of Judicial Precedent and will attempt to find solutions to them. Whereas, English Law has formed over some 900 years it was not until the middle of the 19th Century that the modern Doctrine was ‘reaffirmed’. London Tramways Co. Ltd V London County Council (1898). Law is open to interpretation, all decisions made since the birth of the English Legal System, have had some form of impact whether it is beneficial or not The term ‘Judicial Precedent’ has at least two meanings, one of which is the process where Judges will follow the decisions of previously decided cases, the other is what is known as an ‘Original Precedent’ that is a case that creates and applies a new rule. Precedents are to be found in Law Reports and are divided up into ‘Binding’ and ‘Persuasive’.
Where the Magistrates Court, Crown Court and the County Court are considered as inferior courts; both civil and criminal divisions of courts have little difference. The court hearing first instance of a criminal case is the Magistrates Court. However, when there is a case concerning on a more serious criminal offence, the case would be first heard in the Crown Court instead. First instance of civil cases are usually tried in the Magistrates Court and rarely in the County Court.
The lack of automatic international compulsory jurisdiction renders ICJ inferior. Therefore the argument that referring to this court as the ‘World Court’ implies it is superior; an international equivalent of a national supreme court is null and void. Generally a supreme court is the highest ranking court. Its ruling is not subject to further review and therefore the disputing parties ha...