The Texas State Court system is very structured. There are 5 levels of the Texas Courts. Level 5 starts with Justice and Municipal Courts. Justice Courts have Jurisdiction over civil actions, small crimes, and criminal misdemeanors. The Municipal courts have jurisdiction over municipal ordnance cases and criminal misdemeanors that are only punishable by fine. The 2nd level is the County Level Courts. County Courts have jurisdiction over juvenile matters, misdemeanors with fines greater than 500$ or jail sentence, and probate matters. District Courts are the 3rd level. They have jurisdiction over felonious matters, divorce cases, land titles, and contested elections. The 4th level is the Courts of Appeals, which is the final step before the
FCT v Applegate (1979) 9 ATR 899, is the ruling given by Australian courts regarding the residency of people for tax purposes who have a permanent residence abroad. Importantly it focused on the aspects of how people, who have gone overseas for employment or any other reason, will be taxed in Australia during their stay away, overseas (Thorpe, 2012).
Prison Litigation Reform Act (“PLRA”) generally requires a prisoner Plaintiff to exhaust administrative remedies before filing suit in federal court. Title 42 U.S.C. § 1997e(a) provides that “[n]o action shall be brought with respect to prison conditions under § 1983 of this title, or any other Federal law by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” See also Moore v. Bennette, 517 F.3d 717, 725 (4th Cir. 2008). The Supreme Court has interpreted the language of this provision broadly, holding that the phrase “prison conditions” encompasses “all inmate suits about prison life, whether they involve general circumstances or particular episodes, and
In Arizona, relocation of a minor child when there is a written agreement or court order between two parents (both residing in the state of Arizona), is regulated by Arizona Revised Statute 25-408. In most cases, application of this statute’s regulations becomes necessary when one parent wishes to relocate with the minor child out of state. In some cases, such as Thompson v. Thompson, the statute can be cited in relation to relocation within the state of Arizona.
In the case of Riley V. California, Mr. Riley was stopped on a traffic violation, which led to his arrest on weapons charges. The officer searching Riley’s incident to arrest seized a cell phone form Riley’s possession. There was information on the phone and repeated use of a term associated with a street gang. Hours later a gang detective examined the phone’s digital contents and based in part on photographs and videos found, the State charged Riley in connection with a shooting that occurred a few weeks earlier. They sought an enhanced sentence based on Riley’s gang membership. He was ultimately charged with connection to an earlier shooting, firing at an occupied vehicle, assault with a semiautomatic firearm, and attempted murder. Riley
Dear ladies and gentlemen of the jury, I ask you to do one thing, imagine. Imagine you were in a foreign country with no money, friends, or possessions. Imagine you cannot speak the language and the culture is completely different than your natural environment. Imagine you have no control over your strength and you share your emotions in a dissimilar way. Imagine you are always dependent on someone else; you shadow their every step and word. You are now in the giant shoes of Lennie Smalls; he has a retardation (autism) that makes him unique and stand out of the run-of-the-mill crowd. On the day the horrific homicide took place, George Milton, the suspect, stole not only a Ruger gun but also an innocent
The court structure in the United States is comprised of a dual court system. The dual court system consists of “one system of state and local courts and another system of federal courts” (Bohm & Haley, 2011, p. 274). Although the system has a separate court system for state and federal court, they do connect in the United States Supreme Court. Each court has various levels of jurisdiction to hear and make decisions over cases (Bohm & Haley, 2011).
Have you ever heard of Dred Scott?He was a brave african american , he sued his owner for his freedom in 1857.Dred Scott was an example to other slaves to stand up for their freedom.
He also suggests that the case should go back to the lower courts because the issue was not properly addressed.
Nowadays everything is computerized and technology is forever advancing, and the need to protect all the Delaware citizens from scammers has increased. The attorney general’s office is looking out for our fellow residents and getting advice from our legal experts on how to find jurisdiction and venue to charge these criminals in due process.
In 1989, former NSW police superintendent Harold James Blackburn was arrested and charged with 25 crimes under the Crimes Act 1900 which took place over a matter of nearly 20 years (New South Wales 1990). The charges included the crime of rape at Georges Hall in 1969 and sexual assault at Sutherland in 1985, as the Crimes Act 1900 had been updated during the periods of time that the alleged crimes took place (New South Wales 1990). When the case was presented to court in 1989, the Director of Public Prosecutions offered no evidence and the magistrate discharged Mr Blackburn on all charges (New South Wales 1990). A royal commission was established in 1990 to investigate the events and determine how an investigation could have failed to the
The wording of it could have varied meanings based on how it’s interpreted. The civil grant was over “civil causes of action.” (Pg. 267) This could mean states decide cases and that’s all they are limited to. Then there is another grant that allows “civil laws of State shall have the same force and effect within such Indian country as they have elsewhere within the State.” (Pg. 267) So this could mean that they have complete legislative jurisdiction within everywhere in the state. This was made lucid from the Bryan v. Itasca County case; the outcome was that they decided that the purpose of the law was to set a state outline for resolving disputes such as in Bryan v. Itasca County. When it comes to laws and crimes, they are separated into either regulatory (civil) and prohibitory (criminal) and if they were able to be enforced in court.
In R v. Frieson, Judge Ouellette referred to 5 cases and 2 statutes outlined in the Canadian Charter of Rights and Freedoms, 2 statutes from the Constitution Act, and 12 statues from the Criminal Code. The issue with this particular case laid in the fact that Frieson believed the imposition of a three-year mandatory minimum sentence for this offence constituted as cruel and unusual punishment; the defendant was not aware of Mr. Froese’s depression when he sold him both firearms. Despite only having a license to sell non-prohibited firearm ammunition at the time, Friesen cooperated with investigators and was honest about continuing to sell firearms from his store despite not having a license, even after Mr. Froese’s death. Judge Oulette was
The United States Supreme Court played significant role in deciding cases regarding property rights. Originally there were many misunderstandings between companies and individuals, corporate and private interests, Native Americans and U.S. laws. These misunderstandings created tensions between different parties and had to be resolved by the Supreme Court. There are many cases that deal with contracts, due process clause, or takings clause and different interests that were at stake; the four cases to review in detail are Johnson v. McIntosh (1823), University of North Carolina v. Foy (1805), Taylor v porter and Ford (1843), and Proprietors of the Charles River Bridge v. Proprietors of the Warren Bridge (1837).
The United States Court of Appeals for the Seventh Circuit reversed the lower courts approval of the drug checkpoint saying, “the checkpoint contravened the Fourth Amendment” (Cornell University Law School LII, 2000). The United States Supreme Court affirmed that decision stating that the, “checkpoint program was indistinguishable from a general interest crime control” (Cornell University Law School LII, 2000) that violated the Fourth Amendment.