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Justiciable
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Advisory Opinion
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 states of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mootness
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In Europe and Latin America, impeachment tends to be confined to ministerial officials as the unique nature of their positions may place ministers beyond the reach of the law to prosecute, or their misconduct is not codified into law as an offense except through the unique expectations of their high office. Both " peers and commoners" have been subject to the process, however. From 1990 to 2020, there have been at least 272 impeachment charges against 132 different heads of state in 63 countries. Most democracies (with the notable exception of the United States) involve the courts (often a national constitutional court) in some way. In Latin America, which includes almost 40% of the world's presidential systems, ten presidents from six ... [...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 involve a point of 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." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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