LETTERS: NCT, Oct. 11, 2008 Oct 11, 2008
The U.S. Supreme Court is only an appellate court; it does not have "original jurisdiction" with certain specified exceptions, in Article III section 2 of the Constitution, such as one state suing another state or matters of international diplomacy in which one party claims diplomatic immunity - obviously none of which apply in this instance. Karl wrote on Oct 11, 2008 10:23 AM:OBAMACAN @ 9:13 AM: is a perfect example of the pot calling the kettle black in regards to "hateful, nasty, vicious... (North County Times)
Africa: Continent to Get Harmonized Mining Code Soon Oct 7, 2008
In her view there is an inadequate protection of community rights in the mining law whilst the 1992 Constitution of Ghana makes provision for citizens to go to High Court on original Jurisdiction on Compensation issues, in the case of mining, compensation grievances are supposed to be made to the Minister responsible for mines first without direct recourse to the High Court. She said some of the challenges in mining advocacy include the capacity gap between mining communities and multinational... (allAfrica.com)
Lawyer asking court to allow challenge Sep 9, 2008
Bolinske wants the Supreme Court to invoke its original jurisdiction, which means the justices would hear arguments without first having the case reviewed by a district judge. The Supreme Court rarely uses its original jurisdiction authority, and the justices are not obliged to grant Bolinske a hearing. (Bismarck Tribune, ND)
Town council mulls tax increase in proposed budget Sep 4, 2008
Another unanimous decision was approving an ordinance regarding a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp. on the company s rate review mechanism filing in all cities exercising original jurisdiction. The ordinance will reduce the monthly residential customer charge from 10. (McKinney Courier-Gazette, TX)
Probate hopefuls speak to Rotarians Sep 3, 2008
Calhoun attorney William Thompson, who arranged the candidates appearance at the Rotary Club, said Probate Court probates wills and estates, handles administrative matters, such as issuing marriage licenses, gun permits and vital records requests and has original jurisdiction for misdemeanors, including traffic violations, in Gordon County. In Georgia, Probate Judges are required to have a law degree only in counties with populations greater than 96,000. (Calhoun Times, GA)
Nevada Youth Parole Bureau employee receives national recognition Aug 27, 2008
In her capacity as Coordinator, Davis processes hundreds of cases per year and is instrumental in arranging the safe sending or returning of youth to their original jurisdiction. Davis also functions as a liaison between states across the nation to ensure the safety of youth being transported long distances. (KRNV.com, NV)
Assessor inflating home values? Aug 17, 2008
If Howell didn t do the factoring last year, she said that the state would take original jurisdiction, and they will do it. MISSING MARKET VALUE. (Logan Herald Journal, UT)
Ted Kaczynski: Get My Cabin Out of the Newseum Aug 13, 2008
The court of appeals has no original jurisdiction over such a matter, the gravamen of which is either trespass or conversion, depending on whether the cabin is now considered realty or personalty, like a mobile home. Unless his conviction involved a forfeiture of his assets, he may retain property rights that are subject to court resolution. (Newsmax)
LRC files writ to register prisoners to vote Jul 29, 2008
The EC's statement of case submitted that the application should be struck out so that the applicants take proper steps to invoke the original jurisdiction of the Supreme Court in the matter. According to the EC there was a similar writ awaiting the decision of the Supreme Court. (Ghana Web, Ghana)
N.D. Supreme Court says some juror info is public Jul 8, 2008
"We conclude this is an appropriate case to exercise our original jurisdiction because this case involves issues of vital concern about the interrelationship of guidelines for public and media access to court records, for juror privacy, and for a criminal defendant's right to a fair trial, and because there is no adequate remedy by appeal to resolve those issues," the Supreme Court's order said. . (Bismarck Tribune, ND)
Kids don't belong in adult court system Jun 25, 2008
Policymakers must return original jurisdiction to juvenile court to decide when a child should be tried and sentenced as an adult, with a juvenile court judge deciding after a full hearing whether a child should be transferred to the adult criminal justice system. And when we must incarcerate our children, whether tried as juveniles or adults, it must be done in a juvenile facility. (Atlanta Journal-Constitution -- Opinion)
How Congress Can Keep Us Safe from Court Jun 24, 2008
I have therefore introduced legislation, the Boumediene Jurisdiction Correction Act, which would grant military courts, with expertise in terrorism, detainees, and national security, exclusive, original jurisdiction to determine the habeas corpus petitions of Guantanamo Bay detainees. In the court s majority opinion, the current system was deemed inadequate as a substitute for habeas corpus. (Human Events Online)
Better than war: Sue OPEC Jun 20, 2008
Fortunately, there is another way to sue OPEC. Even if actions by individual citizens fail, a seldom-used provision of Article III of the Constitution grants original jurisdiction to the Supreme Court over lawsuits brought by states against "foreign states" and, as expanded by the United States Code, over "aliens.". The attorneys general of the various states should sue OPEC as an alien or, pleading alternatively, as a foreign state. (International Herald Tribune)
41 comments Jun 13, 2008
Ingraham, Pence Join to Demand Broadcaster Freedom - HUMAN EVENTS. Ingraham, Pence Join to Demand Broadcaster Freedomby Posted: 06/12/2008. (Human Events Online)
Public can comment on proposed gas rate increase at League City Council May 24, 2008
Municipalities are involved because they have original jurisdiction, a state statute that requires utilities to get approval from each city before imposing a rate increase. Cities have three choices. (The Citizen - online, TX)
Taxi drivers fight meter switch May 2, 2008
"The (D.C. City) Council made a law that said the taxicab commission shall have exclusive and original jurisdiction to promulgate rules with respect to meters and taxicabs," said O'Toole, who is also a GW Law professor. "Nowhere in that scenario does it say that the mayor can step in and do it himself.". (GW Hatchet, Washington DC)
lawfully block a liquefied natural gas (LNG) facility proposed on the New Jersey side of the Delaware River Apr 1, 2008
The case, , came to the Court under its original jurisdiction, which makes it the court of first and last resort in disputes between states. The Court appointed a special master, , to sift through thousands of documents and hear arguments from both sides. (Law.com Newswire)
Yar'Adua in triumph song, Atiku, Buhari fume Feb 27, 2008
According to the tribunal, Section 239 of the 1999 Constitution confers powers on the Court's President on original jurisdiction as well as appellate jurisdiction to issue the said Practice Direction. The tribunal had also dismissed the evidence and pleadings of a counsel in Buhari's legal team, Valentine Ikeonu, on the premise that they breached Section 83 of the Evidence Act as well as Section 19 of the Notary Public Act. (Guardian News, Nigeria)
Return 17-year-olds to juvenile court Jan 31, 2008
LRB 3260, the bill which would return 17-year-olds to the original jurisdiction of the juvenile court. raises the age of juvenile court jurisdiction to allow 17-year-olds to be tried in juvenile court. (La Crosse Tribune, WI)
Chief justice provides tour of Supreme Court Jan 19, 2008
In addition to its appellate function, the S.D. Supreme Court has original jurisdiction over some proceedings in which the matter is filed directly with the court. Those original proceedings include writs of mandamus (orders prohibiting certain acts), several types of legal motions and advisory opinions requested by the governor. (Madison Daily Leader, SD)
Supreme Court First: A Female Special Master Jan 16, 2008
Myles was named special master in the case of South Carolina v. North Carolina, which comes to the Court under its original jurisdiction. That little-known category of cases involves disputes between states, in which the dispute goes to the Supreme Court first, not last, and without the fact-finding or review of any lower court. (Law.com)
Mack Sentencing Moved Back To Reno Dec 11, 2007
District Judge Douglas Herndon said it makes more sense -- both financially and based on local community interest -- to reverse the change of venue that sent last month's trial to Las Vegas and return the high profile case to its original jurisdiction in Washoe County. Mack's new lawyer, William Routsis, asked Monday in Reno that the Jan. 17th sentencing be vacated. (KCRA 3, CA)
Looking back at how courts have dealt with right to bear arms Dec 9, 2007
Thereupon, the Supreme Court remanded the Miller case to the original jurisdiction for further deliberation. The rules for a well-regulated militia - which meant the troops must be well drilled and trained, must carry weapons of a specified barrel length and bore, and must possess the same type and number of accoutrements including powder and ball - were contained in state constitutions, which also affirmed the right of individual firearm ownership in general, not just for militia duty. (Boston Globe -- Editorial)
Several new laws and some updates to old ones Nov 15, 2007
From the miscellaneous files, the original jurisdiction limit for justices of the peace in civil litigation (small claims court) has been increased to 10,000 and anti-freeze sold after Jan. 1, 2008, must have a bittering agent in it to make it less desirable to animals. All of these are great laws, but not all went as well as hoped. (Sierra Vista Herald, AZ)
Water battle progresses Oct 9, 2007
Some legal experts say that in cases involving water disputes between states, the state with original jurisdiction usually prevails. In this case, however, North Carolina proposes to drain as much as 3 billion gallons of water a year from the Catawba and move it outside of the natural river basin. (Herald Online, SC -- Opinion)
Paye/Tigar: New Form of State Oct 8, 2007
Under the United States Constitution, the Supreme Court could exercise its original jurisdiction over such a lawsuitwithout waiting for lower courts to decide it and then hearing the case on appeal. . (Zmag.org)
Gambling probe unit to be created Aug 2, 2007
County district attorneys have original jurisdiction to investigate gambling crimes under the 2004 law. The Dauphin County district attorney s office has already taken the lead prosecuting a couple of cases involving state Gaming Control Board employees. (Scranton Times, PA)
State gambling investigations unit coming very soon Aug 2, 2007
County district attorneys have original jurisdiction to investigate gambling crimes under the 2004 law. We are taking nothing away from district attorneys, but we can also investigate and prosecute, said Corbett s spokesman Kevin Harley. (Wilkes Barre Citizen's Voice, PA)
Free Scooter Libby: Jun 19, 2007
1) There is an important constitutional question regarding Fitzgerald's original jurisdiction. It is a rather nice legal question, having to do with whether, as U.S. attorney for the northern district of Illinois, Fitzgerald is a "principal" or "inferior" officer under the Appointments Clause of the U.S. Constitution. (Slate)
Nigeria: Rights Advocate Attacks Court's Reinstatement of Governor Jun 17, 2007
Section 285(1) (b) provides that "there shall be established for the federation, one or more election tribunals to be known as the National Assembly Election Tribunals which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether (b) the term of office of any person under this constitution has ceased.". Section 246(3) provides that "the decisions of the Court of Appeal in respect of appeals from election petitions shall be... (allAfrica.com)
More of this story May 24, 2007
Another way the Coastal Commission would become directly involved is if the violation is occurring in an area of retained jurisdiction or original jurisdiction, and that would be any place below the mean high tide line, Veesart said. "Typically, work on beaches is a situation where we will get directly involved," he said. (Malibu Times, CA)
DFCS official may get her kids May 12, 2007
Wells said the Chicago court has original jurisdiction and the final say over custody. "Whatever Cook County does prevails," Wells said. (Atlanta Journal-Constitution -- Metro)
Nigeria:Opposition Candidates Begin Legal Battle May 10, 2007
Section 133 of the 1999 constitution provides: "A candidate for an election to the office of President shall be deemed to have been duly elected to such office where being the only candidate nominated for the election: He has a majority of YES votes over NO votes cast at the election and; He has not less than one quarter of the votes cast at the election in each of at least two thirds of all the states in the Federation and the Federal Capital Territory, Abuja .The plaintiffs are invoking... (allAfrica.com)
Nigeria: Controversy Dogs Supreme Court Verdict on Inec's Power Apr 22, 2007
He argued that in the event a candidate is caught by the eligibility clause in the 1999 constitution, that it was only the court of law that could pronounce such candidate disqualified upon the invocation of its original jurisdiction. Because INEC and Atiku maintained opposing views, the vice president, together with his political party, invoked the original jurisdiction of the Abuja Federal High Court seeking judicial pronouncement on the powers of INEC to verify and screen out candidates for... (allAfrica.com)
First sex offender treatment program in state proposed Apr 6, 2007
Sadler emphasized that not only would the sex offenders be kept separate from the county jail population and not be allowed outside the treatment center, they would be returned to their original jurisdiction after the completion of their treatment. He said that there would ot be any threat to the community. (Cameron Herald, TX)
The Wildlands Project: Nothing New Apr 5, 2007
Since the recovery program began as an administrative agency proceeding, the Interior Department and FWS have original jurisdiction, and the Wyoming Farm Bureau Federation case can be remanded to FWS.332 This would give FWS the chance to address any regulatory shortcomings in an otherwise lawful program. 333. (Great Falls Prairie Star, MT)
Wyoming AG: Montana's Water Lawsuit InvalidPosted on March 30 Mar 31, 2007
Montana's claims lack sufficient seriousness or dignity to justify this Court's exercise of its original jurisdiction,'' they wrote. Had Montana gathered the facts before prematurely filing this suit, it would have discovered that it has no factual or legal basis for its claims. (Missoulian, MT)
Aguirre, chief escalate war of words Mar 31, 2007
(A)s the District Attorney has original jurisdiction of all felonies in this county, it would be greatly appreciated if the City Attorney's Office refers all investigations, requests for search warrants, and any other matters potentially resulting in felony criminal charges to this office, Dumanis wrote in a Tuesday letter to Aguirre. Aguirre said Dumanis' decision won't affect his ability to proceed with the Sunroad investigation. (San Diego Union-Tribune)
Nigeria: Polls: Kutigi vows to sack corrupt judges - Swears-in 59 election petition tribunal judges Feb 27, 2007
By the provision of section 239 of the 1999 constitution, the Court of Appeal shall, to the exclusion of any other court of law in Nigeria, have original jurisdiction to hear and determine any question as to whether any person has been validly elected to the office of President or Vice President. 2007 Vanguard. (allAfrica.com)
Supreme Court Asked to Explore Contractor Liability for Deaths in Iraq Feb 22, 2007
The district court rejected Blackwater's arguments, concluding that the DBA does not completely pre-empt state law claims because it does not present original jurisdiction over the matter in federal district court, but rather in a government agency. The court also concluded that there was no unique federal interest involved that was sufficient to establish jurisdiction, because it was unclear whether the DBA applied to the decedents. (Law.com)
Sex offender treatment center proposed for old jail Feb 16, 2007
At the end of the treatment, they would be returned to their original jurisdiction for release. Sadler also emphasized that there would be no cost to Milam County taxpayers since the proposed treatment center would be open to the entire State of Texas and entirely state funded. (Cameron Herald, TX)
Gathering virtual evidence - Second of two parts about MPD’s forensic computer lab in our ongoing series on cyber-crime Feb 15, 2007
By using zeros and ones, which are binary codes, we can specifically identify a known piece of child pornography and link it back to the original jurisdiction, he explained. Crouse believes it is important to give a human aspect back to the picture. (Menomonie Dunn County News, WI)
Committee updated on IBT Feb 15, 2007
According to the U.S. Constitution, the court of original jurisdiction for disputes between or among states is the U.S. Supreme Court. Another legal challenge is a possible lawsuit by the Protect the Catawba Coalition, which is being represented by Raleigh attorney Charles Case. (Lenoir News Topic, NC)
Health officer to testify before House committee Feb 13, 2007
A Hinds County Chancery Court hearing on Amys attempt to have the order made permanent was cancelled on Monday, and the case moved to federal court after the state attorney generals office said original jurisdiction for any due process claim is in federal court. As a result, the temporary restraining order that blocked the board from moving toward firing Amy expired Monday. (The Clarion-Ledger)
