European Court of Justice

regarding the structures of both civil and criminal courts. Sam’s actions have ultimately resulted in the injuries of the other driver and damage to the vehicle. Police were called to the scene where an arrest of Sam was made and a charge of dangerous driving was positioned. The injured driver has the intent to sue Sam in negligence for the damages to the vehicle and the personal injuries gained from the incident. Criminal The Criminal courts deal with criminal matters. Summary, indictable…

Magistrate courts are lower courts in the hierarchy of courts in England and Wales where all criminal proceedings starts. Some civil matters such as family proceedings are also dealt with by the Magistrates court. While the Magistrate court has limited sentencing powers, more serious crimes such as rape and murder cases are passed on to the Crown court which has more sentencing powers and wide range of punishments. Appeals on cases decided by the crown courts usually go to a high court, court of…

In 1996, the International Court of Justice extended an Advisory Opinion as a response to the inquisitive anomaly between international states, organizations, and special agencies. The General Assembly (GA) and World Health Organization (WHO) were the contributors of the question regarding the “Threat or Use of Nuclear Weapons by a State during Armed Conflict.” Agencies such as these rely on political actors in order to function as organs in maintaining International Order. These international…

International law is a broad body that operates within an anarchic system. It contains two sections of law as well as a multitude of organizations that work within the laws. These laws also are enforced, or attempted to be enforced, by international courts in which states hold each other accountable for their actions. International law contains two types, public and private. Public international law is legal norms such as treaties that apply to interactions between states or states and other…

contrast the two definitions provided previously, as well as reinforce the magnitude of possible interpretations between R v Ogawa and Monis v The Queen. The meaning of “harassing” in R v Ogawa: In contrast to Monis v The Queen, Dr Ogawa was sent to court on a count of ‘harassment’ through her use of emails and a separate count of ‘harassing’ with respect to her telephone calls. The prosecution tendered a document listing the date, time, telephone numbers and duration of each call with…

legal protection essential to establish the claimant’s case before local courts. Furthermore, to show ineffectiveness, it must be proven that such remedies would have been obviously futile if resorted to (Interhandel). Accordingly, Australia could only claim diplomatic protection and therefore make a state responsibility claim if the victim national affected by the appropriation of the oil rig had made a claim, at a local court level. On the facts, it appears local remedies have not been…

Medellin v. Texas was a local court case that took place in 2007, and accomplished the Supreme Court ruling that non-local treaties, such as the Vienna Convention of the Laws treaty, were not self-executing, and therefore, were not binding upon state courts; in other words that if state courts decide not to honor such treaties, they were not forced to. Jose Ernesto Medellin was a Mexican citizen who was born in Nuevo Laredo, Tamaulipas, Mexico in March 4, 1975. Although he was born on the other…

were taking away people's civil liberty in the country between 1919 to 1920 because of the sedition act of 1918. But before the case when to the supreme court two other cases when to the supreme court about the first amendment dealing with anti war socialist. The two cases were Schenck v. United States and Debs v. United States In both cases the Court unanimously upheld the defendants'…

Concurrence Despite agreeing with Justice White’s opinion, Justice Powell, joined by Justice O’Connor, and Justice Blackmun wrote concurring opinions. Justice Powell believed that Justice White should have spent more time discussing the fact that students should not have the same constitutional protections as individuals in non-school settings. Justice Powell noted that, “It is simply unrealistic to think that students have the same subjective expectation of privacy as the population…

Rehnquist Court Era ended in 2005 with his death in Arlington, Virginia. His influence on the Court has been one of the most palatable of the last century. Rehnquist was the fourth longest serving Chief Justices in U.S. history. His confirmation was not met without controversy. Yet once on the court he proved himself to be beloved by his colleagues and as Chief Justice was able to shape the direction of the court throughout his tenure. Throughout his time on the nation’s highest court he would…