Sentences with phrase «appellate jurisdiction of»

It is quite true, as was argued by the counsel for the petitioner, that the appellate jurisdiction of this court is not derived from acts of Congress.

It is important to note that this decision concerned only the appellate jurisdiction of the Supreme Court over habeas corpus matters, rather than its original jurisdiction over habeas corpus matters brought directly to it.

Does the appellate jurisdiction of the Supreme Court stretch back to the time prior to the promulgation of the Constitution?»

We can only examine into its power under the Constitution, and the power to make exceptions to the appellate jurisdiction of this court is given by express words.

The provision of the act of 1867 affirming the appellate jurisdiction of this court in cases of habeas corpus is expressly repealed.

The appellate jurisdiction of this court is conferred by the Constitution, and not derived from acts of Congress, but is conferred «with such exceptions, and under such regulations, as Congress may make,» and, therefore, acts of Congress affirming such jurisdiction have always been construed as excepting from it all cases not expressly described and provided for.

(B) shall not practice law in the court on which the judge serves or in any court subject to the appellate jurisdiction of the court on which the judge serves, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.

(b) will frequently be engaged in adversary proceedings in the court of which the judge is a member, or in any court subject to the appellate jurisdiction of the court of which the judge is a member.

New Mexico: constitutional amendment to give legislature more discretion to set appellate jurisdiction of courts by statute heading to ballot in 2018

The appellate jurisdiction of the House of Lords and the devolution jurisdiction of the Judicial Committee of the Privy Council transfer over to the new Supreme Court on 1 October 2009.

After a historical introduction, the author addresses the original and appellate jurisdiction of the CCJ.

Not exact matches

Just how that charge is to be exercised is nowhere indicated in the text, and the possibility remains, therefore, that outside the Latin church the jurisdiction will be exercised via the patriarchs and ruling synods of the Oriental churches — normally, by way of reaction, namely, in the event of patriarchs or ruling synods calling on the pope for mediation in some dispute («appellate» jurisdiction), and abnormally, in the pope taking some initiative to bring a matter to the attention of such patriarchs and synods.

Perhaps the U.S. Congress will be able to invoke its powers under section five of the Fourteenth Amendment; perhaps Congress can use its powers under Article III to alter the Court's appellate jurisdiction.

As may be provided by law, an appellate term shall have jurisdiction to hear and determine appeals from the district court or a town, village or city court outside the city of New York.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»

By so doing, he is making himself a superintendent and overseer and an appellate court over decisions of a court of competent jurisdiction which under a constitutional democracy like ours and under the rule of law can never be possible.»

Of course, the Supreme Court has appellate jurisdiction, as they do in all cases, except as prohibited by the 11th Amendment.

I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.

But Justice Gabriel Kolawole, in his judgment, delivered on July 1, 2015, held that he lacked jurisdiction to entertain the suit while the June 8, 2015 judgment of the Lagos Division of the Federal High Court, nullifying the extradition application and affirmed by another judge of the same Lagos division on June 23, 2015, had not been set aside by any appellate court.

The blog also provides free access to the Illinois Insurance Index, a database maintained by Jill Berkeley that summarizes all major appellate insurance coverage decisions in Illinois, the 7th U.S. Circuit Court of Appeals, and a few other jurisdictions, issued from 1986 through the present.»

The ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

The Eleventh District Court of Appeals does appellate review of judgments of common pleas, municipal and county courts for Ashtabula, Geauga, Lake, Portage, and Trumbull; appeals from board of Tax Appeals; original jurisdiction in select cases.

On January 29, 2007, the Supreme Court of the Virgin Islands officially assumed appellate jurisdiction over all appeals in the Virgin Islands.

Court's Jurisdiction Over Procedural Requirements In the case of In re Marriage of Dorman, 9 P. 3d 329 (2000), the appellate court considered a promissory note signed only by one spouse.

Our appellate lawyers undertake these roles in the broad spectrum of substantive areas of the law and jurisdictions in which the firm practices generally.

Its logic may prove to be indicative of harder times blowing in favour of creditors trustees against the family; or an appellate court may find that a decision in the ancillary relief jurisdiction overrides s 339.

And know that you will win accolades as a new appellate lawyer by massive amounts of preparation — long hours reading the record and reading all the cases relevant to your issue, both in and outside your jurisdiction.

Recently, in Sattva Capital Corporation v Creston Moly Corporation et al [2014] 2 SCR 633, the court confirmed that the appellate jurisdiction to review written construction cases must necessarily be limited given the legal requirement for the first instance court to reach its decision as a mixed question of law and fact.

In so doing, any appellate court will inevitably exceed its jurisdiction to interfere with the factual component of the unitary determination by the trial judge.

When the appellate court received the Special Action Petition, the Court of Appeals ordered both parties to file simultaneous briefs addressing whether the trial judge had jurisdiction to issue its order, since it addressed the same subject on which the superior court had previously ruled.

The decision halts a 27 - year old expansion of venue in patent cases which began in 1990 when an appellate court expanded venue from a corporation's state of incorporation to any district where personal jurisdiction could be established over the alleged infringer.

Presently, we have a Caribbean Court of Justice that functions as a tertiary appellate court for some jurisdictions and administers Caricom Treaty.

In accordance with the federal rules of appellate procedure and the Seventh Circuit's local rules, the parties were required to set out a statement of jurisdiction and specify the basis for diversity jurisdiction and the amount in controversy.

The restriction imposed by s 89 (1) of the Housing Act 1980 on postponing enforcement of a possession order only applies to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.

The SCI exercises, inter alia, the following jurisdictions deriving its powers to do so under the Constitution of India: original jurisdiction [Article131], appellate civil jurisdiction [Articles 132 and 133], appellate criminal jurisdiction [Articles 132 and 134].

In a recent decision of the Court of Special Appeals of Maryland, Maryland's intermediate appellate court addressed the question of whether a New York resident could be subject to personal jurisdiction in a Maryland paternity and support action based on his filing of an answer to the original complaint for custody, his request for genetic testing, and his request for discovery.

A new team of lawyers tried to overturn the deportation in federal appellate court, but the court said it had no jurisdiction over a Justice Department proceeding.

The court's straightforward application of the statutory bar to appellate review of remand orders based on lack of subject matter jurisdiction rejects the notion that the AIA somehow creates an exception to that longstanding bar to appellate review.

We have prosecuted and defended major disputes in federal and state courts in every state in the U.S., and have won appeals in many of these jurisdictions and virtually all federal appellate courts.

The Appellate Practice Group provides appellate - level expertise at all levels of litigation, and serves all of the firm's clients and practice groups in the broad spectrum of jurisdictions and substantive areas of the law in which the firm practices.

American LegalNet maintains an inventory of over 1,600 national court rule sets with a wide coverage of United States jurisdictions, including federal, state, and appellate courts.

It is contended that the words of the Constitution vest an appellate jurisdiction in this Court which extends to every case not excepted by Congress, and that if the Court had been created without any express definition or limitation of its powers, a full and complete appellate jurisdiction would have vested in it which must have been exercised in all cases whatever.

It would be strange if, in a case where the powers of the two courts are united in one court, from whose judgments an appeal lies, causes of which the district courts have exclusive original jurisdiction should be excepted from the operation of the appellate power.

Diagram of the State Courts System (PDF)- This file provides a condensed review of the structure of the Florida Court System from trial courts to appellate courts, their jurisdiction and types of cases heard at each level.

James advises and acts at all stages of the dispute resolution process, from strategy development, through pre-action and interlocutory applications (including Freezing Orders, anti-suit injunctions; protection of confidential information, restraint of conflicts and jurisdiction challenges), to trials and final hearings, appellate and review hearings, and enforcement of judgments and awards.

The Supreme Court is a court of record with unlimited civil and criminal jurisdiction and appellate jurisdiction from the lower courts.

The prevalence of shorter, simpler emails is also consistent with my recent legal experience as a litigation associate in a large law firm before starting to teach legal writing full - time — an experience I have drawn on in trying to design realistic assignments.59 The emails I wrote often dealt with relatively straightforward substantive matters, procedural questions surrounding litigation, or some combination of the two, such as the steps for having an appellate court relinquish jurisdiction to correct a scrivener's error in a lower - court judgment or the timeline for responding to an in rem civil forfeiture action.

This appeal was taken under 28 U.S.C. § 1254 (2), which provides this Court with appellate jurisdiction at the behest of a party relying on a state statute or local ordinance held unconstitutional by a court of appeals.

We are at a loss to understand upon what principle of law, applicable to appellate jurisdiction, it can be supposed that this court has not judicial authority to correct the last - mentioned error because they had before corrected the former, or by what process of reasoning it can be made out that the error of an inferior court in actually pronouncing judgment for one of the parties in a case in which it had no jurisdiction can not be looked into or corrected by this court because we have decided a similar question presented in the pleadings.