Bail Court not to Functions as Trial Court A Court cannot conduct a mini trial at the time of considering a bail application.141 At the stage of granting of bail‚ the Court can only go into the question of the prima facie case established for granting bail. It cannot go into the question of credibility and reliability of the witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial.142 The Court is not expected to
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decisions than the father through family court? In most cases‚ when a father and mother go into family court for whatever reason it is‚ the mother is favored due to the stereotype that they can provide a better life for their children. From experience‚ I know that a father is just as “nurturing” as a mother. A father may not be able to play mom‚ but he has just as much capability to take care of his children just as much as a mother. Judges in family court should pay more attention to whether or not
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The Courts biased view of Fathers in Family Court Decisions Fathers in family court decisions are given less rights compared to mothers. Fathers should be allowed the same treatment as mothers in family court decisions and they should not be seen as less worthy of custody of a child. Mothers are favored because of the nurturing stereotype but this is not always true and is an incorrect at times. Women in today’s society are more likely to receive residential custody than fathers
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OREGON DEPARTMENT OF AGRICULTURE AND THE CLASS-OF-ONE THEORY OF EQUAL PROTECTION I. INTRODUCTION In 2000‚ a short‚ per curiam Supreme Court decision accepted the “class-of-one” theory of equal protection‚1 permitting an individual in a non-suspect class to claim violations of the Fourteenth Amendment’s Equal Protection Clause.2 While the class-of-one theory articulated in Village of Willowbrook
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1. EGUARAS vs. GREAT EASTERN 33 PHIL 263 FACTS: Francisca Eguaras filed a written complaint in court‚ alleging as a cause of action that her son-in-law Dominador Albay had applied in writing to the defendant insurance company to insure his life for the sum of P5‚000‚ naming as the beneficiary in case of his death the plaintiff FranciscaEguaras; that after compliance with the requisites and the investigation carried on by the defendant company‚ it accepted the application for insurance and
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Enclosed within a 27’ X 78’ tennis court it was the final point of the match. As I shuffled and pivoted to the right with both my arms gripping my racket at shoulder height; I took a deep breath as I approached the tennis ball and made my move. I pondered how my nerves synapsed with my tendons and ligaments in my arms and feet to produce a forehand‚ while monitoring my heart beat and regulating metabolic demand‚ an intrigue with the workings of this familiar‚ yet mysterious body. It was a matter
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Chapter 3 – Jurisdiction State Court: Subject Matter Jurisdiction Personal Jurisdiction: Defendant voluntarily subject themselves by: Forum Selection Clause No challenge of lawsuit OR Defendant is a resident (can be sued at permanent place of residence/business) OR Defendant is served with process while in the state (plaintiff files complaint‚ defendant receives summons = process once received‚ clock starts ticking) OR Defendant did business‚ entered/breached a K or committed a tort in
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Since there have been very few reported cases challenging drug courts jurisdiction or procedure‚ there is no valid argument against its procedures in terms of constitutional rights. However‚ questions expressed by both advocates and critics of judicial innovation and the different roles judges partake are seen to show the constitutional rights of drug participants are being overlooked (Lane‚ 2003). The broad question remains is whether proactive judges taking on the role of problem-solving can still
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Obama’s Supreme Court nominee (Merrick Garland) in order to prevent Democratic control of the organization. While many view McConnell’s strategy as an ignorant schism‚ his plan has many policy implications following last night’s election results (Liptak). With Republican control over both the Presidency and Congress‚ the party will be eligible to appoint multiple Supreme Court justices. Thus‚ changing the entire political spectrum of the country. A Republican dominated Supreme Court means more conservative
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The definition of an appeal according to the Merriam-Webster dictionary (http://www.merriam-webster.com/dictionary/appeal‚ n.d.)‚ is a legal proceeding by which a case is brought before a higher court for review of the decision of a lower court. The appeals process is very important to the legal system‚ and it includes many different factors and steps to the appeals process this helps the judge make the right decision. One of the main steps to the process starts with the losing side having to apply
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