[permalink] [id link]
A court of summary jurisdiction is defined in the Interpretation Act 1889 as " any justice or justices of the peace or other magistrate, by whatever name called, to whom jurisdiction is given by, or who is authorized to act under, the Summary Jurisdiction Acts, whether in England, Wales or Ireland, and whether acting under the Summary Jurisdiction Acts or any of them or any other act or by virtue of his commission or under the common law " ( 52 & 53 Vict.
from
Wikipedia
Some Related Sentences
court and summary
This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only upon written submissions to the trial court and not on any trial testimony.
For the purpose of section 243 of the Trade Union and Labour Relations ( Consolidation ) Act 1992, a crime means an offence punishable on indictment, or an offence punishable on summary conviction, and for the commission of which the offender is liable under the statute making the offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.
In the case of an order of summary punishment ( Strafbefehl ), which can be issued by the court without a trial for lesser misdemeanours ( German: Vergehen ), there is a further exception:
: d ) A summary of any court or arbitral proceedings in Italy related to the franchise system, and
In Canada, an individual charged with an indictable offence may elect to be tried by a judge alone in a provincial court, by judge alone in a superior court, or by judge and jury in a superior court ; summary offences cannot be tried by jury.
** Docket ( court ), the summary of proceedings in a court ( US )
* Appeals of summary conviction offences go first to the highest trial court within the jurisdiction ( e. g. provincial superior court in Alberta is the Court of Queen ’ s Bench ).
* Almost always heard first in a provincial court ( although some exceptions apply, such as a summary conviction offence included for trial with an indictable offence ).
In the United Kingdom, trials for summary offences are heard in one of a number of types of lower court.
Sometimes, particularly potent issues are brought before an appeals court, such as a constitutional determination made by a lower court, or summary judgment granted by a lower court.
In its judgment summary the Appeals Court said, " The trial court acted without jurisdiction in entering an injunction against the Election Commission.
** any person in England or Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, at the summary trial of an information by a magistrates ' court,
In September 2004, the court disagreed and granted summary judgement to Blizzard.
The district court properly granted summary judgement in favor of Blizzard and Vivendi on the operability exception.
* Third or subsequent offense: On summary conviction, to a fine not exceeding € 1, 269 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or to both the fine and the imprisonment, or on conviction on indictment, to a fine of such amount as the court considers appropriate or, at the discretion of the court, to imprisonment for a term not exceeding three years, or to both the fine and the imprisonment.
Preceding every case entry is a headnote, a short summary in which a court reporter summarizes the opinion as well as outlining the main facts and arguments.
court and jurisdiction
The Connally amendment says that the United States, rather than the court, shall determine whether a matter is essentially within the domestic jurisdiction of the United States in a case before the World Court to which the United States is a party.
If the case is thus determined by us to be domestic, the court has no jurisdiction.
if a receiver or trustee for any such partnership or corporation has been duly appointed by a court of competent jurisdiction in the United States and has not been discharged prior to the date of payment, payment shall be made to such receiver or trustee in accordance with the order of the court ; ;
if a receiver or trustee for any such partnership or corporation, duly appointed by a court of competent jurisdiction in the United States, makes an assignment of the claim, or any part thereof, with respect to which an award is made, or makes an assignment of such award, or any part thereof, payment shall be made to the assignee, as his interest may appear ; ;
Accordingly, if it is not repealed by the Congress at its present session, I shall have no alternative thereafter but to direct the Secretary of Defense to disregard the section unless a court of competent jurisdiction determines otherwise.
or ( 3 ) exclusion of state court jurisdiction over these matters ''.
The right to file an appeal can also vary from state to state ; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.
The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted.
While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process ( United States ) or fundamental justice ( Canada ).
The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others.
For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority.
Other telephone companies, many of which were publicly owned, were regulated by provincial authorities until court rulings during the 1990s affirmed federal jurisdiction over the sector, which also included some fifty small independent incumbents, most of them in Ontario and Quebec.
However, since the lawsuit was filed in a state California court, the lawsuit was tossed out because only federal courts have jurisdiction over intellectual property issues.
It is also possible to bring class actions under state law, and in some cases the court may extend its jurisdiction to all the members of the class, including out of state ( or even internationally ) as the key element is the jurisdiction that the court has over the defendant.
The Class Action Fairness Act of 2005 increases defendants ' ability to remove state cases to federal court by giving federal courts original jurisdiction for all class actions with damages exceeding $ 5, 000, 000, exclusive of interest and costs.
In Chapter 11, in most instances the debtor remains in control of its business operations as a debtor in possession, and is subject to the oversight and jurisdiction of the court.
* Dublin Metropolitan Area, an Irish court and police jurisdiction
When a court has jurisdiction over an object, it is said to have jurisdiction in rem.
Their jurisdiction can be illustrated with an example: Parents unsatisfied with the school placement of their child would appeal against the board of education in an administrative court as the school placement is subject to an administrative decision.
court and is
Hence the natural setting of tragedy is the palace gate, the public square, or the court chamber.
A court may strike down a law on the basis of an intuitive feeling that the law is inimical to the numerical majority.
But it is crucial that here, unlike Burford, the trial court was ordered to retain the case until the state courts had had a reasonable opportunity to settle the state-law question.
If a litigant chooses to enforce a Federal right in a State court, he cannot be heard to object if he is treated exactly as are plaintiffs who press like claims arising under State law with regard to the form in which the claim must be stated -- the particularity, for instance, with which a cause of action must be described.
second, that both actual and pending desegregation is, with few exceptions, the product or result of court order.
The action was a result of a court order, the citation for which ( and for other court action mentioned in this paper ) is taken from the Summary Report for this Conference.
Desegregation in Pulaski County is pending because of court order, although date of admission is not yet determined.
The record is clear that increase in school desegregation last year came largely as a result of a court order ; ;
Correlatively, can we reduce the role of the district courts, so that the action is that of the people of the community or other school district and not that of the law court??
`` Unfortunately '', says Chief Postal Inspector David H. Stephens, who has prosecuted many device quacks, `` the ghouls who trade on the hopes of the desperately ill often cannot be successfully prosecuted because the patients who are the chief witnesses die before the case is called up in court ''.
Under the new rules, testimony is taken orally in open court in all cases except those of an extraordinary character.
First thing I did after my twenty-first birthday was go into court and have it officially changed, and this is something I don't tell everybody.
`` Actually, the abuse of the process may have constituted a contempt of the Criminal court of Cook county, altho vindication of the authority of that court is not the function of this court '', said Karns, who is a City judge in East St. Louis sitting in Cook County court.
0.125 seconds.