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Discretionary Jurisdiction
Discretionary jurisdiction is a power that allows a court to engage in discretionary review. This power gives a court the authority to decide whether to hear a particular case brought before it. Typically, courts of last resort and intermediate courts in a state or country will have discretionary jurisdiction. In contrast, the lower courts have no such power. For this reason, the lower courts must entertain any case properly filed, so long as the court has subject matter jurisdiction over the questions of law and in personam jurisdiction over the parties to the case. Customarily a court is granted the power by rule, statute, or constitutional provision. When a constitutional provision establishes the court's power, it will have more limitations on its screening process. The usual intent behind granting power through a constitutional provision is to maintain decisional uniformity. The power is coined as “discretionary” because a court may choose whether to accept or deny the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discretionary Review
Discretionary review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider in advance which cases will be accepted. The appeals court will then be able to decide substantive cases with the lowest opportunity cost. The opposite of discretionary review is any review mandated by statute, which guides appellate courts about what they can and cannot do during the review process. The advantage to discretionary review is that it enables an appellate court to focus its limited resources on developing a coherent body of case law, or at least it is able to focus on making decisions in a consistent fashion (in jurisdictions where case law is not recognized). The disadvantage is that it reduces the ability of litigants to seek review of incorrect decisions of lower courts. However, the problem with allowing appeals of right ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subject Matter Jurisdiction
Subject-matter jurisdiction, also called jurisdiction ''ratione materiae'', is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of the case. Courts must have subject-matter jurisdiction over the particular case in order to hear it. A court is given the ability to hear a case by a foundational document, usually a Constitution. Courts are granted either general jurisdiction or limited jurisdiction, depending on their type. For example, in the US, state courts have general jurisdiction over the affairs within their state. That means, for most cases, subject-matter jurisdiction of the state courts covers nearly all subjects within that state, such as family law, state criminal law, state civil claims, state tort claims, etc. That power is usually vested in the state courts by their st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Personam Jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction Subject-matter jurisdiction, also called jurisdiction ''ratione materiae'', is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. Subject-matter relates to the nature of a case; whether it is criminal, ci ..., which is jurisdiction over the ''law'' involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has ''personal'' jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Legal System
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case '' Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or statutory law. Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. As it has si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: , , o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Supreme Court
In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts. Generally, a state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. Although state supreme court rulings on matters of state law are final, rulings on matters of federal law (generally made under the state court's concurrent jurisdiction) can be appealed to the Supreme Court of the United States. Each state supreme court consists of a panel of judges selected by methods outlined in the state constitution. Among the most common methods for selection are gubernatorial appointment, non-partisan election, and partisan election, but the different states follow a variety of procedures. Role and powers Under the system of federalism established by the United Stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Florida
Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic Ocean to the east, the Straits of Florida to the south, and The Bahamas to the southeast. About two-thirds of Florida occupies a peninsula between the Gulf of Mexico and the Atlantic Ocean. It has the List of U.S. states by coastline, longest coastline in the contiguous United States, spanning approximately , not including its many barrier islands. It is the only state that borders both the Gulf of Mexico and the Atlantic Ocean. With a population of over 23 million, it is the List of U.S. states and territories by population, third-most populous state in the United States and ranks List of states and territories of the United States by population density, seventh in population density as of 2020. Florida spans , ranking List of U.S. states ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Procurement In The United Kingdom
At around £290 billion every year, public sector procurement accounts for around a third of all public expenditure in the UK. EU-based laws continue to apply to government procurement: procurement is governed by the Public Contracts Regulations 2015, Part 3 of the Small Business, Enterprise and Employment Act 2015, and (in Scotland) the Public Contracts (Scotland) Regulations of 2015 and 2016. These regulations implement EU law, which applied in the UK prior to Brexit, and also contain rules known as the "Lord Young Rules" promoting access for small and medium enterprise (SMEs) to public sector contracts, based on Lord Young's Review ''Growing Your Business'', published in 2013.Local Government Association'Lord Young' reforms published on 20 January 2016, archived on 16 March 2017, accessed on 17 January 2025 The Defence and Security Public Contracts Regulations 2011, also derived from EU law, apply to defence procurement. Health commissioners in England are exempt from the Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Northern Ireland
Northern Ireland ( ; ) is a Countries of the United Kingdom, part of the United Kingdom in the north-east of the island of Ireland. It has been #Descriptions, variously described as a country, province or region. Northern Ireland shares Republic of Ireland–United Kingdom border, an open border to the south and west with the Republic of Ireland. At the 2021 United Kingdom census, 2021 census, its population was 1,903,175, making up around 3% of the Demographics of the United Kingdom#Population, UK's population and 27% of the population on the island of Ireland#Demographics, Ireland. The Northern Ireland Assembly, established by the Northern Ireland Act 1998, holds responsibility for a range of Devolution, devolved policy matters, while other areas are reserved for the Government of the United Kingdom, UK Government. The government of Northern Ireland cooperates with the government of Ireland in several areas under the terms of the Good Friday Agreement. The Republic of Ireland ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bernard McCloskey
Sir John Bernard McCloskey, , is a Northern Ireland judge, who has been a Lord Justice of Appeal since September 2019. Legal career McCloskey was called to the bar in 1979, and made a Queen's Counsel (QC) in 1999. He was appointed a High Court Judge in September 2008. As is customary for High Court judges, he was appointed a Knight Bachelor and therefore granted the title '' sir'': he was knighted by Queen Elizabeth II during a ceremony at Buckingham Palace on 3 March 2009. He served as chair of the Northern Ireland Law Commission The Northern Ireland Law Commission was a Law Commission in Northern Ireland created under section 50 of the Justice (Northern Ireland) Act 2002, implementing recommendations following the Good Friday Agreement. It replaced the non-statutory ... from 2009 to 2012. He was appointed a Lord Justice of Appeal of Northern Ireland on 5 September 2019, and subsequently appointed to the Privy Council. References {{DEFAULTSORT:McCloskey, Bernard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
