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Cassation
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In this way they differ from systems which have a supreme court which can rule on both the facts of a case and the relevant law. The term derives from the Latin , "to reverse or overturn". The European Court of Justice answers questions of European Union law following a referral from a court of a member state. In exercising this function it is not a court of cassation: it issues binding advice to the national courts on how EU law ought to be interpreted, it does not overturn decisions of those courts. However, the Court of Justice can act as a court of cassation when it hears appeals from the General Court of the European Union. Many common-law supreme courts, like the United States Supreme Court, use a similar system, whereby the court vaca ...
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Court Of Cassation (Belgium)
The Court of Cassation ( nl, Hof van Cassatie, french: Cour de cassation, german: Kassationshof) of Belgium is the supreme court of the Belgian judiciary. The court is composed of thirty judges with life tenure who are nominated by the High Council of Justice of Belgium and appointed by the Belgian federal government. The court handles cases in the two main languages of Belgium, Dutch and French, and provides certain facilities for cases in German. The court is assisted in its work by a public prosecutor's office and a bar association, which both function separately from other structures. The duty of the public prosecutor's office is to provide advisory opinions to the court on how the law ought to be interpreted and applied. The attorneys of the court's bar association assist litigants in proceedings before the court; in certain cases, their assistance is mandatory. The Belgian Court of Cassation was originally modelled after its French namesake, and its jurisdiction and power ...
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Court Of Cassation (Egypt)
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In this way they differ from systems which have a supreme court which can rule on both the facts of a case and the relevant law. The term derives from the Latin , "to reverse or overturn". The European Court of Justice answers questions of European Union law following a referral from a court of a member state. In exercising this function it is not a court of cassation: it issues binding advice to the national courts on how EU law ought to be interpreted, it does not overturn decisions of those courts. However, the Court of Justice can act as a court of cassation when it hears appeals from the General Court of the European Union. Many common-law supreme courts, like the United States Supreme Court, use a similar system, whereby the court vaca ...
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Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states tend not to have a single highest court. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia. On the other hand, in some places the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, the supreme courts of several Canadian provinces/territories, and the former Supreme Court of Judicature of England and ...
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Court Of Cassation (France)
The Court of Cassation (french: Cour de cassation ) is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system; it is the supreme court of appeal in these cases. It has jurisdiction to review the law, as well as to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in the 1st arrondissement of Paris. The Court does not have jurisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal; nor over cases involving constitutional issues, which fall within the jurisdiction of the Constitutional Council; nor over cases involving disputes about which of these courts has jurisdiction, which are heard by the Jurisdictional Disputes Tribunal. Collectively, these four courts form the topmost tier of th ...
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Supreme Court Of Cassation Of Bulgaria
The Supreme Court of Cassation ( bg, Върховен касационен съд, Vǎrhoven kasatsionen sǎd) is the final court of appeal in the Republic of Bulgaria. Its work is governed by the Constitution of 1991. According to Article 124, it exercises supreme judicial power over the application of the law in all courts. The Supreme Court of Cassation may even overturn a final decision by a lower court. It also takes part in the appointment of judges for the Constitutional Court. The Supreme Court of Cassation, however, does have to hand cases over to the Constitutional Court when it finds a contradiction between the laws and the Constitution of the Republic. If a question of constitutionality arises, the court may refer it to the Constitutional Court. The Chairman of the Court is appointed for a seven-year term and is dismissed by the President of the Republic on motion from the Supreme Judicial Council. The Chairman is not eligible for a second term. History It was esta ...
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Constitution Of Iraq
The Constitution of the Republic of Iraq ( ar, دستور جمهورية العراق Kurdish: دەستووری عێراق) is the fundamental law of Iraq. The first constitution came into force in 1925. The current constitution was adopted on September 18, 2005 by the Transitional National Assembly of Iraq, and confirmed by constitutional referendum, held on October 15, 2005. It was published on December 28, 2005 in the '' Official Gazette of Iraq'' (No. 4012), in Arabic original, and thus came into force. Official translation for international use (in English language) was produced in cooperation between Iraqi state authorities and the United Nations' Office for Constitutional Support. Since 2006, several proposals for adoption of various constitutional amendments were initiated. The Kurdish language is official at state level. History Iraq's first constitution, which established a constitutional monarchy, entered into force under the auspices of a British military occupation i ...
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Court Of Cassation (Haiti)
The Supreme Court of Haiti (french: Cour de Cassation) is the highest court in the Haitian legal system. The Supreme Court building is located in Port-au-Prince. History From 1806–1817, the Senate of Haiti served judicial functions. The Supreme Court was first formed in 1817 under Petion's 1816 constitution as a body of a grand judge, dean, six judges and a government commissioner, all of whom were to be appointed for life. The first Grand Judge of the Supreme Court was André Dominique Sabourin, who concurrently served as Minister of Justice in Petion's cabinet. Other appointees to the court were: * Louis Germain Linard, dean * Jacques Ignace Fresnel * Jean Thézan, * Jean-François Lespinasse, * Thomas Gédeon Christ (who was sworn in later), * Lemerand * Pitre Jeune * Louis-Gabriel Audigé, Government Commissioner Jules Solime Milscent was also appointed as the first clerk. The Law of 16 July 1954 added a Judge to the eleven provided by the Law of 1918 and since ...
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Court Of Cassation (Democratic Republic Of The Congo)
The Court of Cassation () is the main court of last resort in the Democratic Republic of the Congo. It has its seat in the Kinshasa Palace of Justice. The Court judges final appeals with respect to the "normal" system of justice, excluding cases of administrative justice, which go before the ''Conseil d'État''. The court consists of 26 justices, organized into legislative and judiciary sections. Judges are nominated by the Judicial Service Council, a separate and independent body composed of judges from the lower courts and public prosecutors. The first president of the Court of Cassation also sits on the General Assembly, which makes decisions on matters within the scope of the Supreme Council of the Judiciary (, CSM). Per Congolese law, the compulsory retirement age for magistrates on the Court of Cassation is 70 years old. See also *Constitutional Court of the Democratic Republic of the Congo The Constitutional Court () was established by the Constitution of the Third Repu ...
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Court Of Cassation (Greece)
The Supreme Civil and Criminal Court of Greece (, ''Areopagus'', i.e. the "Hill of Ares") is the supreme court of Greece for civil and criminal law. In Greece, the decisions of the supreme court are final. However, since Greece is a member state of the Council of Europe, cases ruled on by the Greek high court can be appealed to the European Court of Human Rights. If the supreme court decides that a lower court violated the law or principles of legal process, it can order the rehearing of a case by the lower court. The court consists of the president and the attorney-general, ten vice-presidents, sixty five ''areopagites'' and seventeen deputy attorneys-general. The members of the Supreme Court are tenured until they reach the mandatory retirement age of 67, as mandated by the Greek constitution. History The Areios Pagos is named after the first court of ''androfonies'' (crimes of murder), founded between 1500-1300 BC by Theseus and King Cecrops, which was situated on the ro ...
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Vacated Judgment
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions. A trial court may have the power under certain circumstances, usually involving fraud or lack of jurisdiction over the parties to a case, to vacate its own judgments. A vacated judgment may free the parties to civil litigation to re-litigate the issues subject to the vacated judgment. Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted. Notable defendants having their convictions vacated under this include Kenneth Lay, the former Chairman and CEO of Enron who died before sentencing, and Aaron Hernandez, a former football player who killed himself in jail before his appeals were exhausted. In March 2019, the vacated convictio ...
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Cassare
''Cassare'' or ''calissare'' (from Portuguese ''casar'', "to marry") was the term applied to the marriage alliances, largely in West Africa, set up between European and African slave traders; the "husband" was European and the wife/ concubine African. This was not marriage under Christian auspices, although there might be an African ceremony; there were few clerics in equatorial Africa, and the "wives" could not marry since they had not been baptized. Male monogamy was not expected. As such, concubinage is a more accurate term. The multinational Quaker slave trader and polygamist, Zephaniah Kingsley purchased the Wolof princess, Anna Kingsley, who had earlier been enslaved and sold in Cuba, after being captured in modern-day Senegal. ''Cassare'' created political and economic bonds. The name is European, and reflects similar relationships of Portuguese men, who were the first explorers of the west African coast. But it antedated European contact; selling a daughter, if not f ...
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