"Appellate Court" Essays and Research Papers

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Appellate Court

Original Jurisdiction of the Caribbean Court of Justice (CCJ) since its establishment on 14 February 2001, only three so far, namely, Barbados, Guyana and Belize have acceded additionally to its Appellate Jurisdiction. The Original Jurisdiction deals with the interpretation and application of the Treaty which established Caricom, and the Appellate Jurisdiction is meant to take over the role of the Judicial Committee of the Privy Council by being the final court of appeal in both civil and criminal ...

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Compare Fema and Fema Aact

An appeal against the order of "Adjudicating office", before " Foreign Exchange Regulation Appellate Board went before High Court | The appellate authority under FEMA is the special Director (Appeals) Appeal against the order of Adjudicating Authorities and special Director (appeals) lies before "Appellate Tribunal for Foreign Exchange." An appeal from an order of Appellate Tribunal would lie to the High Court. (sec 17,18,35) | 9 | RIGHT OF ASSISTANCE DURING LEGAL PROCEEDINGS. | FERA did not contain...

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Business Law

BUSINESS ORGANIZATIONS CHAPTER 4 – Piercing the Corporate Veil Minne B Berkey v Third Avenue Railway Company Overview: This is a New York Court of Appeals decision in 1926 adjudicated by the legendary Justice Cardozo. In this seminal case on ‘piercing the corporate veil’, the Court of Appeals finds in favor of the Defendant, Third Avenue Railway Company. The Court holds that Third Avenue, the parent company of Forty-second Street Company, which operated a rail line upon which the Plaintiff was injured...

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249831942 Phoenix Construction Inc Vs I

THE INTERMEDIATE APPELLATE COURT and LEONARDO DIONISIO, respondents. [G.R. No. L-65295 March 10, 1987] TOPIC: PONENTE: FELICIANO, J. AUTHOR: NOTES: (if applicable) FACTS: 1. In the early morning of 15 November 1975, at about 1:30am, private respondent Leonardo Dionisio was on his way home from a cocktails-and-dinner meeting with his boss, the general manager of a marketing corporation, where he had taken "a shot or two"...

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Rhetorical Analysis

possession of fire-arms, twenty- six attempted murders, and four murders, which included his mother, father, and fellow classmates. The defendant was sentenced to 111 years and eight months in jail. The Court of Appeals’ denied the appeal of the first sentence because the sentence was proven fair. The court document is successful in justifying the decisions to deny the appeal with use of persuasive rhetorical appeals. Kipland Kinkel was arrested at the age of fifteen, for bringing firearms to school;...

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Helen Palsgraf, Respondent, V. the Long Island Railroad Company Case Brief

Helen Palsgraf, Respondent, v. The Long Island Railroad Company, Appellant [NO NUMBER IN ORIGINAL] Court of Appeals of New York 248 N.Y. 339; 162 N.E. 99; 1928 N.Y. LEXIS 1269; 59 A.L.R. 1253 February 24, 1928, Argued May 29, 1928, Decided Facts: The plaintiff Helen Palsgraf was standing at the platform station of Long Island Railroad Company after buying her ticket and waiting for her train. Suddenly, a man carrying a package rushed to catch another train that was moving away from the platform...

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R. V Burns Case Brief

assurances. Burns and Rafay appealed the extradition without assurances to the B.C court of appeal. British Columbia Court of Appeals Decision The B.C court of appeal set aside the Ministers decision and directed him to seek assurances. The BC court of appeal agreed that if the appellants were sentenced to death they could no longer seek return under section 6(1) of the charter (para.20). Justice McEachern of the Appeal Court disagreed with the Minister's council that extradition was only to commit the...

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Inchoate Offences: Should These Crimes Be Punished?

Where the party “does an act the commission of the offence”. The law makes a clear distinction therefore between acts which are undertaken merely to prepare for the crime in question and acts done after this time which will amount to an attempt. The court of Appeal in Davey v Lee [1968] 1QB 366 took the view that it had to be “a step towards the commission of the specific crime, which is immediately and not merely remotely connected with the commission of it “. In DPP v Stone house [1978] ac 55, the...

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Appeal and Appellate Court Decision

tried and found guilty in a court of law. They attempted to appeal the conviction based on the defense of self-defense. They were denied but still able to be acquitted. Legal Issue(s) on appeal: The legal issue in question (on appeal) is whether the defendants can claim the self-defense defense. The defendants wish to claim this defense because Agent Wallie Howard had opened fire on them during the third cocaine “buy-bust” deal. Appellate Court Decision: The Appellate Court’s decision was that...

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Basic Structure of the California Courts

The Basic Structure of the California Courts DeVry University The Basic Structure of the California Courts In the United States there are two separate judicial systems, the state and federal. According to USCourts.gov, every “state has its own system with most having specific courts such as juvenile court, probate court, family court, and others that oversee specific legal issues.” (Judicial Council of California, 2012). Where Federal court deals with constitutional law, or in cases between...

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