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Justiciability
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable. In the United States Federal courts Justiciability is one of several criteria that the United States Supreme Court uses to make a judgment granting ''writ of certiorari'' ("cert."). For an issue to be justiciable by a United States federal court, all of the following conditions must be met: # The parties must not be seeking an advisory opinion. # There must be an actual controversy between the parties, meaning that the parties ca ...
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Political Question
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily refuse to address such matters. The idea of a political question is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has the authority to hear and decide a legal question, not a political one. Legal questions are deemed to be justiciable, while political questions are nonjusticiable.Huhn, Wilson R. ''American Constitutional Law Volume 1''. 2016. One scholar explained: A ruling of nonjusticiability, in the end, prevents the issue t ...
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United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ( Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is ...
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United States Federal Court
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, or die. Courts All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no state court may include this designation as part of its name. The federal courts are generally divided between ...
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Ripeness
In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all." For example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. The goal is to prevent premature adjudication; if a dispute is insufficiently developed, any potential injury or stake is too speculative to warrant judicial action. Ripeness issues most usually arise when a plaintiff seeks anticipatory relief, such as an injunction. The Supreme Court fashioned a two-part test for assessing ripeness challenges to federal regulations. The case is often applied to constitutional challenges to federal and state statutes as well. The Court said in '' Abbott Laboratories v. Gardner'', : ::Without undertaking to survey the intricacies of the ripeness doctrine it is fair to sa ...
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Advisory Opinions
An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some countries have procedures by which the executive or legislative branches may certify important questions to the judiciary and obtain an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited from issuing advisory opinions. International courts International Court of Justice The International Court of Justice is empowered to give advisory opinions under Chapter IV of its Statute (an annex to the United Nations Charter) when requested to do so by certain organs or agencies of the United Nations. These opinions are non-binding. Inter-American Court of Human Rights The advisory function of the Inter-American Court of Human Rights enables it to respond to consultations submitted by agencies and member st ...
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Conversion (law)
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A common act of conversion in medieval times involved bolts of cloth that were bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in enterprises such as a partnership be ...
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Kuwait Airways
Kuwait Airways ( ar, الخطوط الجوية الكويتية, ) is the national carrier of Kuwait, with its head office on the grounds of Kuwait International Airport, Al Farwaniyah Governorate. It operates scheduled international services throughout the Middle East, to the Indian subcontinent, Europe, Southeast Asia and North America, from its main base at Kuwait International Airport. History The carrier traces its history back to 1953, when ''Kuwait National Airways'' was formed by a group of Kuwaiti businessmen; initially, the government took a 50% interest. That year, a five-year management contract was signed with ''British International Airlines'' (BIA), a BOAC subsidiary in Kuwait that operated charter flights and provided maintenance services. Two Douglas C-47 Skytrain, Dakotas were bought, and operations started on . The carrier transported 8,966 passengers in its first year of operations. In , the name ''Kuwait Airways'' was adopted. In , a new contract for manageme ...
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Richard Wilberforce, Baron Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, the daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the he ...
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Trucial States
The Trucial States ( '), also known as the Trucial Coast ( '), the Trucial Sheikhdoms ( '), Trucial Arabia or Trucial Oman, was the name the British government gave to a group of tribal confederations in southeastern Arabia whose leaders had signed protective treaties, or truces, with the United Kingdom between 1820 and 1892. The Trucial States remained an informal British protectorate until the treaties were revoked on 1 December 1971. The following day, six of the sheikhdoms—Dubai, Abu Dhabi, Sharjah, Ajman, Umm Al Quwain and Fujairah—formed the United Arab Emirates; the seventh, Ras Al Khaimah, joined on February 10, 1972. Overview The sheikhdoms included: * Abu Dhabi (1820–1971) * Ajman (1820–1971) * Dubai (1835–1971) * Fujairah (1952–1971) * Ras Al Khaimah (1820–1972) * Sharjah (1820–1971) * Umm Al Quwain (1820–1971) The sheikhdoms permanently allied themselves with the United Kingdom through a series of treaties, beginning with the General M ...
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Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmenistan to the north, by Afghanistan and Pakistan to the east, and by the Gulf of Oman and the Persian Gulf to the south. It covers an area of , making it the 17th-largest country. Iran has a population of 86 million, making it the 17th-most populous country in the world, and the second-largest in the Middle East. Its largest cities, in descending order, are the capital Tehran, Mashhad, Isfahan, Karaj, Shiraz, and Tabriz. The country is home to one of the world's oldest civilizations, beginning with the formation of the Elamite kingdoms in the fourth millennium BC. It was first unified by the Medes, an ancient Iranian people, in the seventh century BC, and reached its territorial height in the sixth century BC, when Cyrus the Gr ...
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Sharjah
Sharjah (; ar, ٱلشَّارقَة ', Gulf Arabic: ''aš-Šārja'') is the third-most populous city in the United Arab Emirates, after Dubai and Abu Dhabi, forming part of the Dubai-Sharjah-Ajman metropolitan area. Sharjah is the capital of the eponymous emirate. The emirate shares legal, political, military and economic functions with the other emirates of the UAE within a federal framework, although each emirate has jurisdiction over some functions such as civil law enforcement and provision and upkeep of local facilities. Sharjah has been ruled by the Al Qasimi dynasty since the 18th century. The city is a centre for culture and industry, and alone contributes 7.4% of the GDP of the United Arab Emirates. The city covers an approximate area of 235 km2 and has a population of over 800,000 (2008). The sale or consumption of alcoholic beverages is prohibited in the emirate of Sharjah without possession of an alcohol licence and alcohol is not served in hotels, rest ...
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Abu Musa
, location = Persian Gulf , coordinates = , total_islands = 1 , area_km2 = 12.8 , highest_mount = Mount Halva , elevation_m = 110 , country = Iran , country_admin_divisions_title = Province , country_admin_divisions = Hormozgan , country_largest_city = Abu Musa , country_largest_city_population = 1,953 , population = 2,131 , population_as_of = 2012 , density = 166 , country_claim = United Arab Emirates , country_claim_divisions_title = Emirate , country_claim_divisions = Sharjah Abu Musa ( fa, ابوموسی , , ar, أبو موسى) is a island in the eastern Persian Gulf near the entrance to the Strait of Hormuz. Due to the depth of sea, oil tankers and big ships have to pass between Abu Musa and Greater and Lesser Tunbs; this makes these islands some of the most strategic points in the Persian Gulf. The island is administered by Iran as part of its pr ...
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