Commonwealth of Massachusetts for more than twelve (12) months preceding the commencement of this action. 4. Neither the Petitioner or the Respondent are members of the Armed Forces of the United States‚ or any of its allies. The Court has jurisdiction of both the Petitioner and the Respondent and the matter of this action. 5. The Petitioner is currently residing in the marital home with the two (2) minor children. The Respondent has relocated to a relative’s home. 6. The Petitioner’s
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COMMITTEE OF THE PRIVY COUNCIL (JCPC)? The JCPC is the final Court of Appeal or Court of Last Resort for the Commonwealth Caribbean States‚ in both the original and appellate jurisdictions of a court system with the exception of the Republic of Guyana and Barbados. It is “the apex of the court system in most of the jurisdictions in the Commonwealth Caribbean.”1 The Privy
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the person applying for it must be without any other specific and legal remedy. Mandamus 250 63 170B Federal Courts 170BVII Supreme Court 170BVII(A) In General 170Bk445 k. Appellate Jurisdiction and Procedure in General. Most Cited Cases (Formerly 30k17) It is the essential criterion of “appellate jurisdiction” that it revises and corrects the proceedings in a cause already instituted and does not create that cause. Evidence 157 34 250 Mandamus 250II Subjects
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Question 1 a) The legal fiction upon which Australia was founded refers to the British doctrine‚ “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded‚ even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the
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Queen in Parliament" in which he played a role in the legislation concerned with his approval towards a bill that was enacted by the parliament. The Queen also serves as chairman of the State (executive). In generally‚ the Queen has a very limited jurisdiction in the constitution. Most executive roles held by the Prime Minister. It is called a rubber stamp. The role of the monarch in parliamentary system is merely symbolic and
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PinoyLaw.Net Notesbank Nachura Notes – Administrative Law (Kiddy) I. GENERAL PRINCIPLES Administrative Law - Branch of public law which: Fixes the organization Determines the competence of administrative authorities Indicates to the individual remedies for the violation of his rights. Kinds 1. 2. 3. 4. Statutes Rules‚ regulations or orders Determinations‚ decisions and orders Body of doctrines and decisions Administration 1. as a Function – the execution‚ in non-judicial matters‚ of the
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every two weeks. It is not mandatory for a patrol unit to always be available in a jurisdiction for an emergency. But‚ most jurisdictions want there to be one unit free at all times. A crucial factor is community demand for neighborhood deployment. Neighborhood deployment means that “the direction of patrol resources needs to be responsive to the particular requirements and demands of a subdivision in a jurisdiction. At often times‚ jurisdictional subdivision is classified as a neighborhood. Jurisdictional
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Equity Definition of Equity The term ‘Equity’ is used in various senses‚ out of many the main four senses in which the term is used are: - 1. Literal senses 2. general senses 3. roman senses 4. English senses. 1. Literal senses:- Its sole aim may be to do justice to the parties in a case characterized by a configuration of facts unlikely ever to be repeated in reality in the same or similar way. The literal meaning given to equity is “right” as founded on the laws
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but the ultimate power is his.40 As Commander-in-Chief‚ he is authorized to direct the movements of the naval and military forces placed by law at his command‚ and to employ them in the manner he may deem most effectual.41 (Emphasis supplied) Jurisdiction over cases for crimes or offenses covered by the Revised Penal Code such as murder and those that are not service-connected by members of the Armed Forces of the Philippines is under the civil courts. Section 1 of RA 70552 enumerates the service-connected
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• The HC was given original jurisdiction by s.75 of the Cth Constitution to judicially review (to issue writs) decisions made by officers of the Cth. However‚ it is not easy to get to the HC – it reserves itself for important decisions. • The Federal Ct was created in 1976 to relieve the workload of the HC and today nearly all judicial review applications go firstly to the Fed Ct. THERE ARE TWO WAYS OF GOING TO THE FEDERAL CRT: 1. Common law jurisdiction (given to it by s.39B of the Judiciary
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