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Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. In informal terms, a party must have something to lose. The party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions for which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exi ... [...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] |
Australian Law Reports
The Australian Law Reports are a series of law reports which report cases from the High Court of Australia, Federal Court of Australia and the Supreme Courts of the states and territories exercising federal jurisdiction. The reports are not officially authorised. After each authorised series they are the most often cited series of law reports in Australia. They were previously called the Australian Argus Law Reports. See also * Commonwealth Law Reports The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the ed ... * List of Law Reports in Australia References {{Australia-law-stub Law of Australia Case law reporters of Australia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amicus Curiae
An amicus curiae (; ) is an individual or organization that is not a Party (law), party to a legal case, but that is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. Whether an ''amicus'' brief will be considered is typically under the court's discretion. The phrase is legal Latin and the origin of the term has been dated to 1605–1615. The scope of ''amici curiae'' is generally found in the cases where broad public interests are involved and concerns regarding civil rights are in question. In American law, an ''amicus curiae'' typically refers to what in some other jurisdictions is known as an intervenor: a person or organization who requests to provide legal submissions so as to offer a relevant alternative or additional perspective regarding the matters in dispute. In the American courts, the amicus may be referred to as an ''amicus'' brief. In other jurisdictions, such as Canadian law, Canada, an ''am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ruddock V Vadarlis
''Ruddock v Vadarlis'' (also known as the Tampa case) was an Australian court case decided in the Federal Court of Australia on 18 September 2001.. It concerned the actions of the Government of Australia in preventing asylum seekers aboard the Norwegian cargo vessel MV ''Tampa'' from entering Australia in late August 2001 (see Tampa affair). The Victorian Council for Civil Liberties (now Liberty Victoria), and solicitor Eric Vadarlis, were seeking a writ of habeas corpus (an order for the asylum seekers to be released). The case is significant because it is one of the few cases to consider the nature and scope of the prerogative power of the executive branch of Government in Australia. Background to the case Executive power One of the key issues in the case, both at trial and on appeal, was the nature of the executive power of government. There are several sources of executive power, but the source in consideration in this case was the prerogative power of government. The c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quo Warranto
In the English-American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ issued by a court which orders someone to show what authority they have for exercising some right, power, or franchise they claim to hold. The writ of ''quo warranto'' still exists in the United States, although it is uncommon, but it has been abolished in England and Wales. ''Quo warranto'' is also used, with slightly different effect, in the Philippines. Early history With the spread of royal justice in the 12th and 13th centuries, private franchises and liberties were increasingly called upon to uphold the king's peace: to act against "malefactors and peace breakers, so that it may appear that you are a lover of our peace". From 1218 onwards, royal Eyres also began using the old writ of – a court order to show proof of authority, as for example (literally) "By what warrant are you the sheriff?" – to investigate the origins of such franchises. An ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Prohibition
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs". An alternative writ directs the recipient to immediately act, or desist, and "show cause" why the directive should not be made permanent. A peremptory writ directs the recipient to immediately act, or desist, and "return" the writ, with certification of its compliance, within a certain time. When an agency of an official body is the target of the writ of prohibition, the writ is directed to the official body over which the court has direct jurisdiction, ordering the official body to cause the agency to desist. Although the rest of this article speaks to judicial processes, a writ of prohibition may be directed by any court of record (i.e., higher ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Western Australia
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters (although it usually only hears matters involving sums of or more), and hears the most serious criminal matters. Structure The Supreme Court consists of a General Division (equivalent to the Trial Division in other states) and the Court of Appeal. The General Division deals with serious criminal matters, civil cases where the dispute is of a complex nature or the amount claimed is greater than $750,000, criminal appeals from the Magistrates Court and appeals from other bodies such as the State Administrative Tribunal. The General Division sits in the David Malcolm Justice Centre for civil proceedings and the District Court of WA Building and the original Supreme Court Building for criminal proceedings. The Court of Appeal hears both civil and criminal appeals from cases in the General Division, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Australian Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation The ''Australian Guide to Legal Citation'' (AGLC) is published by the ''Melbourne University Law Review'' in collaboration with the ''Melbourne Journal of International Law'' and seeks to provide the Australian legal community with a standard fo ...'', published jointly by the '' Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prerogative Writ
"Prerogative writ" is a historical term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch. The term may be considered antiquated, and the traditional six comprising writs are often called the extraordinary writs and described as extraordinary remedies. Six writs are traditionally classified as prerogative writs: *''certiorari'', an order by a higher court directing a lower court to send the record in a given case for review; *''habeas corpus'', a demand that a prisoner be taken before the court to determine whether there is lawful authority to detain the person; *''mandamus'', an order issued by a higher court to compel or to direct a lower court or a government officer to perform mandatory duties correctly; *prohibition, directing a subordinate to stop do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ogle V Strickland
Ogle may refer to: Places * Ogle County, Illinois, United States * Original name of Ashton, Illinois, a village * Ogle, Kentucky, United States, an unincorporated community * Ogle Township, Somerset County, Pennsylvania, United States * Ogle, Northumberland, England, a village * Ogle Castle in Northumberland, England * Glen Ogle, Scotland People * Ogle (surname) * Ogle family of Northumberland, England * Ogle Marbury (1882–1955), American jurist and politician, Chief Judge of the supreme court of Maryland * Ogle Moore (1801–1874), Irish Anglican priest Titles * Baron Ogle * Earl of Ogle Other uses * Ogle Airport, near Georgetown, Guyana * Ogle Design, a British design consultancy and onetime car maker * OGLE, the Optical Gravitational Lensing Experiment survey * Ogle DVD Player, open source software DVD player for Unix-like operating systems * Ogle app, a smartphone-based social media application {{disambiguation, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
