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Page "Court system of Canada" ¶ 68
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decisions and courts
( As we have seen, the Erie and York decisions require federal courts in diversity cases to follow state decisional rules.
In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.
In an adversarial system, appellate courts do not have the power to review lower court decisions unless a party appeals it.
In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case ; at least one intermediate appellate court ; and a supreme court ( or court of last resort ) which primarily reviews the decisions of the intermediate courts.
The authority of appellate courts to review decisions of lower courts varies widely from one jurisdiction to another.
Depending on the system, certain courts may serve as both trial courts and appellate courts, hearing appeals of decisions made by courts with more limited jurisdiction.
Increasingly, responsibility was shifted from the assembly to the courts, with laws being made by jurors and all assembly decisions becoming reviewable by courts.
Civil law countries often have specialized courts, administrative courts, that review these decisions.
The plurality of administrative decisions contested in administrative courts are related to taxation.
There is however a single General Administrative Law Act (" Algemene wet bestuursrecht " or Awb ) that applies both to the making of administrative decisions and the judicial review of these decisions in courts.
Common law ( also known as case law or precedent ) is law developed by judges through decisions of courts and similar tribunals ( as opposed to statutes adopted through the legislative process or regulations issued by the executive branch ).
In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts.
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.

decisions and martial
No Contest decisions in mixed martial arts ( MMA ) are usually declared when an accidental illegal strike ( the rules on which differ from each organization ) causes the recipient of the blow to be unable to continue, that decision being made by the referee, doctor, the fighter or his corner.

decisions and can
At the other end of the spectrum, where the more advanced countries can be relied upon to make well thought through decisions as to project priorities within a consistent program, we should be prepared to depart substantially from detailed project approval as the basis for granting assistance and to move toward long-term support, in cooperation with other developed countries, of the essential foreign exchange requirements of the country's development program.
If there is anything which we can do in the executive branch of the Government to speed up the processes by which we come to decisions on matters on which we must act promptly, that in itself would be a major contribution to the conduct of our affairs.
Trustees, faculty, and administration can consider the consequences of decisions before they are made, instead of afterwards.
However, its decisions can be overruled by the Australian Governor-General ( effectively by the national government ) under section 35 of the Australian Capital Territory ( Self-Government ) Act 1988.
Cost-benefit analysis can inform our decisions opinion piece in 23 April 2012 Wall Street Journal
This first connotation can be further differentiated into ( a ) pure common law arising from the traditional and inherent authority of courts to define what the law is, even in absence of an underlying statute, e. g., most criminal law and procedural law before the 20th century, and even today, most of contract law and the law of torts, and ( b ) court decisions that interpret and decide the fine boundaries and distinctions in law promulgated by other bodies.
Ireland, Australia, New Zealand, India, Belize, and various Caribbean and African nations have adopted English common law through reception statutes although they do not inevitably continue to copy English Common Law ; later cases can often draw on decisions in other Common Law jurisdictions.
Railton argues that Williams's criticisms can be avoided by adopting a form of consequentialism in which moral decisions are to be determined by the sort of life that they express.
Complaints against broadcasters, such as concerns around offensive programming, are dealt with by the Canadian Broadcast Standards Council ( CBSC ), an independent broadcast industry association, rather than by the CRTC, although CBSC decisions can be appealed to the CRTC if necessary.
Only full-time commissioners can participate in the decision-making process for telecommunications and all commissioners are involved in broadcasting decisions.
The differing opinions can approximately be divided into the " structuralists ," who argue that poor policy decisions are to blame, and the others, who argue that unavoidable technological and geographical factors caused the decline.
The justification for central planning is that the consolidation of economic resources can allow for the economy to take advantage of more perfect information when making decisions regarding investment and production.
With its emphasis on notions of social contract and the collective will of the people, democracy can also be characterized as a form of political collectivism because it is defined as a form of government in which all eligible citizens have an equal say in the decisions that affect their lives.
Expert system of this type can range from ones providing regional retail recommendations, like Wishabi, to ones used to assist monetary decisions by financial institutions and governments.
The president has the power of veto over parliamentary decisions although it can be overrun by the parliament.
Some models in econophysics have shown that when agents are allowed to interact locally in a free market ( i. e. their decisions depend not only on utility and purchasing power, but also on their peers ' decisions ), prices can become unstable and diverge from the equilibrium, often in an abrupt manner.
These estimates are important for engineers and economists so that proper risk analysis can be performed to influence investment decisions in future infrastructure and to determine the yield reliability characteristics of water supply systems.
Orthodox Judaism holds that takkanot ( Rabbinical decrees ) can only supplement and can never nullify Biblical law, and significant decisions must be accompanied by scholarly responsa citing sources and halakhic precedent.
These factors limit the extent to which agents can make a fully rational decision, thus they possess only “ bounded rationality ” and must make decisions by “ satisficing ,” or choosing that which might not be optimal but which will make them happy enough.
Both courts and arbitral tribunals can make binding decisions.
The world has been intentionally designed by God as a difficult place, where human beings are forced to make moral decisions, as only in this way can they mature as moral agents.
The tradition instead has been that such decisions cannot be made now, and must be made through struggle and experimentation, so that the best solution can be arrived at democratically and organically, and to base the direction for struggle on established historical example.
Once these skills are acquired the reader can attain full language literacy, which includes the abilities to approach printed material with critical analysis, inference and synthesis ; to write with accuracy and coherence ; and to use information and insights from text as the basis for informed decisions and creative thought.

decisions and be
But the fact remains that even the unconscious acceptance of himself as a man of destiny divinely protected must be censored in any man who evades the responsibility for his major decisions, and thus for imposing his will on the people.
But the citizens would, of course, never be sure that the decisions that resulted were as correct as they were expeditious.
One of the important and difficult decisions which had to be made in this budget concerned the role of the B-70, a long-range supersonic bomber.
The efforts of various interest groups to control or influence governmental decisions, particularly when taken in conjunction with the impact of industralization, led to a concentration of attention on the legislative power and the means whereby policy could be formulated and enforced as law through bureaucratic institutions.
But this in turn means that decisions are not merely imposed from the top but that there be some actual mechanism of faculty participation.
Several of the replies to Mr. Toynbee, without conscious resort to the traditional terminology with regard to the permission of evil, succeed in restoring the actual context in which present moral and political decisions must be made, by distinguishing between choosing a great evil and choosing in danger of this evil.
Throughout `` The Making Of A President '' Mr. White shows wonderfully well how the pressures pile up on candidates, how decisions have constantly to be made, how fatigue and illness and nervous strain wear candidates down, how subordinates play key roles.
The leader Montgomery envisages will need to discipline himself, lead a carefully regulated and orderly life, allow time for quiet thought and reflection, adapt decisions and plans to changing situations, be ruthless, particularly with inefficiency, and be honest and morally proper.
After the Battle of Gettysburg, Lincoln clearly understood that his military decisions would be more effectively carried out by conveying his orders through his War Secretary or his general-in-chief on to his generals, who resented his civilian interference with their own plans.
As Southern states were subdued, critical decisions had to be made as to their leadership while their administrations were re-formed.
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 ).
Sakharov, meanwhile, claimed his human right to make decisions that he felt to be morally necessary for him personally.
As a result, significant decisions could be effected quickly and either verbally or with written orders a few pages in length.
On January 8, 1982, just before the case was to be heard by the U. S. Supreme Court, President Ronald Reagan authorized his Treasury and Justice Departments to ask that the BJU case be dropped and that the previous court decisions be vacated.
No subjective decisions need to be involved.
Most of the U. S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels ( most of the courts of appeal almost always sit in panels of three ), the earlier panel decision is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc ( that is, all active judges of the court ) or by a higher court.

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