Help


[permalink] [id link]
+
Page "State court (United States)" ¶ 10
from Wikipedia
Edit
Promote Demote Fragment Fix

Some Related Sentences

State and court
The action of the Commission in allowing or denying any claim under this title shall be final and conclusive on all questions of law and fact and not subject to review by the Secretary of State or any other official, department, agency, or establishment of the United States or by any court by mandamus or otherwise.
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.
Federal law, though invoked in a State court, delimits the Federal claim -- defines what gives a right to recovery and what goes to prove it.
In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable ( under Canadian law, following the rejection of the " Patently Unreasonable " standard by the Supreme Court in Dunsmuir v. New Brunswick ), Wednesbury unreasonable ( under British law ), or arbitrary and capricious ( under U. S. Administrative Procedure Act and New York State law ).
In France, most claims against the national or local governments are handled by administrative courts, which use the Conseil d ' État ( Council of State ) as a court of last resort.
* State court ( United States )# Nomenclature
The development of the idea that the " State " dispenses justice in a court only emerges in parallel with or after the emergence of the concept of sovereignty.
Generally, when a case has successfully overcome the hurdles of standing, Case or Controversy and State Action, it will be heard by a trial court.
State laws forbid any person from engaging in the unauthorized practice of law and practicing attorneys are subject to rules of professional conduct that are enforced by the state's high court.
Freedom of speech and expression is protected by article 19 ( 1 ) of the constitution of India, but under article 19 ( 2 ) " reasonable restrictions " can be imposed on freedom of speech and expression in the interest of " the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
In the United States, every person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury, which arises in federal court from Article Three of the United States Constitution, which states in part, " The Trial of all Crimes ... shall be by Jury ; and such Trial shall be held in the State where the said Crimes shall have been committed.
At, Grand Isle State Park contains camping facilities, a sand volleyball court, a nature walk trail, a horseshoe pit and a play area.
The Lansing Metropolitan Area, colloquially referred to as " Mid-Michigan ", is an important center for educational, cultural, governmental, business, and high-tech manufacturing, including two medical schools, one veterinary school, two nursing schools, two law schools, including the nation's largest law school ( Thomas M. Cooley Law School ), a Big Ten Conference university ( Michigan State ), the Michigan State Capitol, the state Supreme Court and Court of Appeals, a federal court, the Library of Michigan and Historical Center, and headquarters of four national insurance companies.
Concluding quickly that since a writ of mandamus, by definition, was the correct judicial means to order an official of the United States ( in this case, the Secretary of State ) to do something required of him ( in this case, deliver a commission ), Marshall devotes the remainder of his inquiry at the second part of the question: " Whether it writ can issue from this court.
The clergy had amassed a fortune in land, about one-fifth of all Christendom but at the time, in the 12th and 13th centuries, the Church was following a policy of isolation ; they adopted the rule of celibacy and cut themselves from domestic life ; they refused to plead in a secular court ; they refused to pay taxes to the State on the grounds that they had already paid it to the Pope.
In the United States, the exercise of personal jurisdiction by a court must both comport with Constitutional limitations, and be authorized by a State statute.
On 7 February 2006, five journalists were tried for insulting the judicial institutions of the State, and for aiming to prejudice a court case ( per Article 288 of the Turkish penal code ).
The court rejected this argument ( Scopes v. State, 154 Tenn. 105, 1927 ), holding that the determination of what laws cherished science was an issue for the legislature, not the judiciary:
A recent example, is when a court ruled that it was illegal for local authority councils to hold prayers before undertaking the council business ( though part of the session ) and the Secretary of State for Communities and Local Government signed a Parliamentary Order approved by Parliament, to overrule the court and legally allow all local authorities to hold prayers at sessions.
State supreme courts are completely distinct from any United States federal courts located within the geographical boundaries of a state's territory, or the federal United States Supreme Court ( although appeals, on some issues, from judgments of a state's highest court can be sought in the U. S. Supreme Court ).
State supreme courts normally require a courtroom for oral argument, private chambers for all justices, a conference room, offices for law clerks and other support staff, a law library, and a lobby with a window where the court clerk can accept filings and release new decisions in the form of " slip opinions " ( that is, in looseleaf format held together only by a staple ).
In 1869, Genesee College obtained New York State approval to move to Syracuse, but Lima got a court injunction to block the move, and Genesee stayed in Lima until it was dissolved in 1875.

State and judges
State court judges are usually distinguished attorneys who have had some political involvement, who are pursuing second careers on the bench.
The Governor has the powers and responsibilities to: sign or veto laws passed by the Legislature, including a line item veto ; appoint judges, subject to ratification by the electorate ; propose a state budget ; give the annual State of the State address ; command the state militia ; and grant pardons for any crime, except cases involving impeachment by the Legislature.
All Superior Court judges must have been either a member of the State Bar of California or a judge in the state for ten years prior to taking office.
Article II-2-2, " Advice and Consent " in the appointment of Federal Judges, as well as State and Local judges, is no longer available to Washington, DC Citizens, since 1801.
The General Court ( previously known as the " Court of First Instance ") is composed of 27 judges, at least one from each Member State, plus a registrar.
In fact, the Censors were not judges as such, but more like moral consultants, being their main task the repression of electoral fraud and the protection of the State ’ s public institutions.
Story then confronted the arguments that State Judges were bound to uphold the Constitution just as Federal judges were, and so denying state interpretations presumed that the State Judges would less than faithfully interpret the Constitution.
The case against the latter ( Rex v. Hampden, 3 State Trials, 825 ) was heard before all the judges in the Court of Exchequer Chamber, Hampden being defended by Oliver St John.
Dr Johnson drew inspiration from The Present State of Music in France and Italy ( 1771 ), according to later writers: " Dr. Burney published an account of his tour ... which was extremely well received, and deemed by the best judges so good a model for travellers who were inclined to give a description of what they had seen or observed, that Dr. Johnson professedly imitated it in his own Tour of the Hebrides, saying, ' I had that clever dog Burney's Musical Tour in my eye.
* Indiana: In the State of Indiana, Bailiffs are administrative assistants that are employed by judges who reside in a county judicial circuit.
State legislatures and state judges had no authority on their lands, and the states demanded control.
** In Maine the State Marshal Service provides physical security and law enforcement duties to the judicial system as well as protection of all state judges.
*** State Marshals provides physical security and law enforcement duties to the judicial system as well as protection of all state judges.
He initiated the National Center for State Courts, which is now located in Williamsburg, Virginia, the Institute for Court Management, and National Institute of Corrections to provide professional training for judges, clerks, and prison guards.
In November 2009, an expanded panel of 9 judges of the Israeli Supreme Court ruled that privately run prisons are unconstitutional, finding that for the State to transfer authority for managing the prison to a private contractor whose aim is monetary profit would severely violate the prisoners ' basic human rights to dignity and freedom.
This motion is not binding in the US court system, but judges " generally side with the State Department.
On June 23, 1972 a United States District Court judges issued a preliminary injunction to prohibit Barry from playing for any team other than the Golden State Warriors after his contract with the Nets ended.
Passed by a state convention on November 24, 1832, it led, on December 10, to President Andrew Jackson's proclamation against South Carolina, which sent a naval flotilla and a threat of sending federal troops to enforce the tariffs ; Jackson authorized this under color of national authority, claiming in his 1832 Proclamation Regarding Nullification that " our social compact in express terms declares, that the laws of the United States, its Constitution, and treaties made under it, are the supreme law of the land ; and for greater caution adds, " that the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
Assessments that would be used can include the Mental State at time of Offense ( MSO ), an assessment that judges the individual's mental state when the offense was committed, helping to decide whether they should be held liable for the crime.
Section 118 declares the judges of all courts of the State to be independent of the legislative and executive branches of government.
It is not surprising therefore that over the decades changes needed to be made to keep pace with the growth of the nation and changing circumstance, such as increasing the number of judges ( due to growth in population and economic activity ) and the amount of federal capitation grants to each State ( due to inflation ).

0.809 seconds.