Jurisdiction

following types of courts: 1. Administrative courts which are 35 in number with about 600 magistrates. They settle disputes between public authorities or state-owned companies on one side and the citizens. 2. The Council of State, which is the highest jurisdiction of the administrative branch, serves as an instance of first and last resort, as a court of appeal, as a court of Cassation and as a government advisor (Ministere de la Justice, 2011; Cadiet & Amrani-Mecki, 2008). The Council of State…

a particular authority. Here, when we talk about the domain of the courts, we shall discuss about the scope of the matters that could be entertained by the courts and the areas under the control of the Judiciary in India. Let us trace back the jurisdiction of the courts from the British period. 2.2 Historical Background of Courts in India and Evolution of their…

Assignment 2 Jurisdiction is the authority of a court to hear and decide on a matter. The textbook translates jurisdiction for us, “In Latin, juris means “law,” and diction means “to speak.” Thus, “the power to speak the law” is the literal meaning of the term jurisdiction.” Each and every court must have the power to speak over a matter before the matter can be disputed in their court. The court needs to have jurisdiction over the individuals or corporations involved, as well as…

and Ian: Personal jurisdiction is, the court can exercise judicial power and can sue the defendant. In the case of, Mr. Margolin filed a lawsuit in New York against Novelty Now and Chris, Matt and Ian. The personal jurisdiction can be waived for Chris, Matt and Ian that live in California and has a contract with Novelty Now located in Florida. Being that Chris, Matt and Ian sell their product from the internet website, they wouldn’t meet the criteria for personal jurisdiction nor would Novelty…

The Martin v. Hunter’s Lessee case is a Supreme Court case from 1816 that challenged appellate jurisdiction over state court decisions, specifically, the ability of the Supreme Court to hear and decide state cases where state court’s decided cases based on federal law. A British loyalist, Lord Fairfax, owned land in Virginia during the Revolutionary War when Virginia seized the land and gave a tract of it to David Hunter. Following the war, the United States entered into a treaty with Great…

basis for asserting jurisdiction because the Constitution, the supreme law of the land, did not give it the power to do so. The Constitution never mentioned anything regarding state election procedure, other than that it could not hinder any legal rights of its citizens as mentioned in the Constitution and that the number of representatives per state were to be determined by state population. Therefore, the Constitution never mentioned that federal courts had the jurisdiction to hear…

History: Appellant brought suit in the Southern District of New York, asserting claims of trademark infringement, trademark dilution and unfair competition. The appellee moved to dismiss the action for lack of personal jurisdiction. The appellant asserted that New York had personal jurisdiction over the appellee based his main argument that stated because King's website was accessible in New York, King could have foreseen that it would be viewed in New York, and should have restricted its access…

serving their own vested interests rather than providing the people under their jurisdiction with an effective and efficient administration system. The result was that there was corruption, mismanagement and inefficiency in those regions. As a result, the wealth of the Company’s servants started increasing. On the other hand, the income of the Company started…

Criminal Court (“ICC”) informed all State Parties to the Rome Statute of the ICC (“Rome Statute”), to which South Africa is a party, to cooperate with the arrest warrant and to surrender Al-Bashir to the Court if he enters into their territorial jurisdiction. It is the first warrant of arrest issued to a head of state by the ICC. This illustrates the importance of accountability…

APPEALS Issue: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against non tribe members, including as a means of regulating the conduct of non members who enter into consensual relationships with a tribe or its members. (SCOTUSBlog) Commercial association between Indian lands and non members of the tribes have been controlled for the most part. The only exception is that the Supreme Court has left tribal civil jurisdiction over non members business actions…