to adjudicate these cases has become an issue for the federal, state and local courts across the country. The overcrowding of our court dockets has become a major problem for court administrators working in every courthouse in the United States. Why the courts are so overcrowded, and how the court administrators, judges, and attorneys deal with overcrowding will be the focus of this paper. [There are several factors that contribute to the excess numbers of cases in the court system today. One of
The issue of jurisdictional conflict between the civil courts and the Syariah courts has been standing unresolved for so many years. Notwithstanding the amendment made to Article 121(1A) of the Federal Constitution in 1988, the battle between the two courts remains unsettled. The root cause of this issue is the existence of a grey area between Article 121 (1) and Article 121(1A) of the Federal Constitution after the 1988 amendment. Undoubtedly, the aim of the amendment which created Article 121(1A)
Criminal Court Report Each year in Canada, over 400,000 adult criminal cases are brought in front of a judge. That number may seem incredibly high, but considering the amount of charges brought against individuals daily, it really is not all that high. I had the opportunity to see a number of different adult criminal court proceedings, from bail hearings to guilty pleas, but the one that I’m going to analyze today is the sentencing hearing of a young man who was charged with uttering threats, breach
enjoying a relaxing holiday season. As we approach the end of the year, I wanted to write with a status update on the matter with Regional and Simone. The Superior Court has had Regional’s appeal fully briefed and under consideration since the end of July. They declined to ask for oral argument. We hope to hear from the Superior Court certainly in the first quarter of the year. Unfortunately, the pending appeal has somewhat jammed-up our collection attempts. In July, we briefed and argued opposition
from the eighteenth district court, which encompasses Guilford County. Judge Davis is a former public defender and newly elected district court judge. I first worked with him last year in the public defender’s office and asked a couple of months ago if I could incorporate working for him as part of my legal internship. Fortunately, he agreed. Up until last week, I had not seen Judge Davis in court. The reason for this is that I worked exclusively in the criminal courts, while Judge Davis, until recently
The Supreme Court is made up of nine justices appointed by the president of the United States. These justices are are tasked with reviewing and deciding which cases of the 7,000 cases they are presented with each year. The Supreme Court is given the ability to choose most of the cases they are presented with each year. (1) The Supreme Court discuss cases presented to them by any of the court justices and they must utilize the rule of four. These rule states that if at least four of the justices
jurisdiction, the Court hears cases appealed from federal courts of appeals, or it may hear appeals from federal district courts in certain circumstances in which an act of Congress has been held unconstitutional” (Bohm & Haley, pp. 278, 2011). The appellate powers also extend to cases from states higher courts as long as the appeals are limited to violations of federal law or constitutional rights. In fact, the Supreme Court is primarily an appellate court, however, “the Supreme Court also has original
The court acknowledges the Potters lawsuit for restitution of sums paid on the property and it was not for expectancy damages. Clearly, the court stated, “By selecting the remedy of rescission and restitution, rather than expectation, or reliance damages, Potters chose what is usually the smallest awardable recovery.”(case, pg.4) Therefore, the court claims the remedy for this lawsuit was a fair decision. Since the market value of the property decreases their total recovery and the court felt it
Spry (“Spry”) follows a husband’s appeal, by special leave, to the High Court in an endeavour to restore himself as a beneficiary of a non-exhaustive, discretionary trust (“the trust”). The High Court did not agree with the husband and held that he was unable to re-establish his position as a beneficiary. The High Court did however find that the trust assets would be considered property. The decisions reached by the High Court placed a new light in view of family trust and the majority of French CJ
the National Council of Juvenile and Family Court Judges recommends that a script be used by the judge to ensure that due process rights of the juvenile are maintained. These due process rights are given to the juvenile as a result of the Kent, Gault, Winship, Breed v. Jones, and McKeiver cases (p. 373). The Kent v. United States case was a critical case that involved the right to counsel of juveniles in criminal cases. In “Kent v. United States the Court was narrowly focused on whether a child had