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)
LEAVING JAIL BEHIND Dec 30, 2006
In the late 1990s, some Las Vegas police began questioning the need for city marshals, saying the marshals were expensive and had begun overstepping their original jurisdiction, which involved enforcing laws in city parks and buildings and working with the city's Neighborhood Response unit. But outgoing Sheriff Bill Young said city marshals have maintained a long, positive working relationship with local police officers. (Las Vegas Review-Journal -- Nevada News)
Nigeria: Lawyers Say Ruling Party Cannot Declare V-P's Post Vacant Dec 24, 2006
On his part, Daudu said: "No political party can declare the position of the vice president of this country vacant. It is only an election tribunal according to section 285 (1) (b) of the 1999 constitution."The section reads: (1) 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 petition as to whether. (a) any... (allAfrica.com)
Nigeria: Gov Ladoja's Long, Tortuous Road to Legal Victory [analysis] Dec 10, 2006
The full panel of the justices of the court also invoked its powers under section 16 of the Court of Appeal rules to sit on the merit of the case in its original jurisdiction and determined the case in favour of Governor Ladoja. Specifically, the Court of Appeal voided all the legislative steps taken by the 18 of the 32 members of the Oyo State House of Assembly. (allAfrica.com)
Mathesius off the bench for 30 days Dec 1, 2006
" According to the complaint, the Supreme Court had taken original jurisdiction of the matter because of what it referred to as the judges "outrageous, sarcastic and pejorative comments about this State s death penalty system. " Mathesius yesterday stressed in a short press release that most of his problems with the panel stemmed from his 2002 controversial opinion in the Ambrose Harris murder case -- in which he upheld the city man s conviction in the rape, kidnapping and murder of Kristin... (The Trentonian, NJ)
Governor Rendell Signs Bills Nov 30, 2006
The bill does not authorize the use of an electronic postmark for original process of a summons, complaint or other papers to obtain original jurisdiction over a defendant in lawsuit. The bill passed the House 195-0 and the Senate 48-0. (PR Newswire)
Effort to oust Fire Island pols Nov 30, 2006
The court, which has original jurisdiction in such cases, must decide whether Feustel and his attorney provided sufficient proof of wrongdoing to proceed with the lawsuit under state municipal law, which allows for the removal of elected officials for "misconduct, maladministration, malfeasance and malversation." That decision could take several weeks. The feud between Feustel and the village, which began in 2004, included his complaint about dual voter registration by a segment of the affluent... (Newsday -- Politics)
Three Races Set For Judicial Spots In Suffolk Oct 26, 2006
The Supreme Court is the trial court of unlimited original jurisdiction, but it generally hears only cases that are outside the jurisdiction of other trial courts of more limited jurisdiction. It exercises its civil jurisdiction statewide. (Suffolk Life Newspapers, NY)
164,260 Cases Filed Within Last Legal Year Oct 25, 2006
The Court of Appeal has no original jurisdiction; it serves as the Appellate Court for all the High Courts/Regional Tribunals and the Circuit Courts unless otherwise provided by law ... The Court has original jurisdiction in all matters, civil and criminal. (Ghana Web, Ghana)
SBI cancels interviews with commissioners Oct 13, 2006
They don t have original jurisdiction in a case like this. but I m leaving it completely up to them to decide if any action should be taken, Edwards said then. (Washington Daily News, NC)
SBI investigates King Chicken meeting Oct 6, 2006
They don t have original jurisdiction in a case like this. but I m leaving it completely up to them to decide if any action should be taken, the district attorney said. (Washington Daily News, NC)
Morris Nichols Attorneys Co-Author Treatise on Law of Unclaimed Property Sep 22, 2006
It examines several important U.S. Supreme Court cases in which the Court asserted its original jurisdiction under the Constitution to create priority rules that govern the relative rights of the various states to take custody of unclaimed intangible personal property. The second half of the Portfolio taps into the collective experience of the authors to provide an insider's perspective into what a business can expect if faced with an enforcement action. (PR Newswire)
DOCUMENT: Amoateng's Judgement Sep 16, 2006
In their joint statement of defence, they asserted that the issue of interpretation and enforcement of provisions of the Constitution is within the exclusive original jurisdiction of the Supreme Court ... Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in - (a) all matters relating to the enforcement or interpretation of this... (Ghana Web, Ghana)
Prosecutor: 'Pulling' ticket Aug 24, 2006
7, which states: "A person who solicits or aides in the disposition or an attempted disposition of a traffic information or summons in an unauthorized manner is in criminal contempt of court having original jurisdiction of the cause of action or of the court named on the particular information in question.". The ticket in question is for an ordinance violation not a traffic offense. (Winchester News-Gazette, IN)
Attorney seeking to move lawsuit to federal court Jun 27, 2006
In his request, Strealy states the federal court has original jurisdiction in the case, because Kelsey's father, Lance Briggs, claims state officials violated his 14th Amendment rights. Briggs alleges that his two-year-old daughter died October 11th because of a systemwide failure to investigate her abuse. (KFOR Oklahoma City, OK)
Akwetey files writ to compel suspension of CJ Jun 15, 2006
" Mr Akwetey said he was served with a writ dated March 15, 2006 issued against him by Frank Adjei Twum of the Statesman Communications Limited, which invoked the original jurisdiction of the Supreme Court for the interpretation of Article 146(3)(4) and (6) and seeking various declarations on articles 125(4), 127(2) and 146(8) of the Constitution. He said before he and the Attorney-general could file their statements of cases in reply he received a hearing notice from the registry of the Supreme... (Ghana Web, Ghana)
Oil giants ask judge to sack antitrust suit Jun 4, 2006
Jim Baldwin, counsel for the state attorney general's office, said bypassing the lower courts by giving the high court original jurisdiction would speed up the process. He said shortening the time frame for a legal challenge also would help, especially in light of a provision in the draft contract that requires gas line partners to move forward with project planning for at least 15 months despite any legal challenge of the project. (Anchorage Daily News)
Murkowski introduces three gas pipeline bills Jun 1, 2006
Another bill introduced by Murkowski on Wednesday would give the Alaska Supreme Court original jurisdiction for a judicial review of a contract. It also would set a time limit of 60 days for challenging a contract after it was executed. (Anchorage Daily News)
Federal Court to rule whether it can hear appeals by duo May 23, 2006
He said the section was confined to criminal matters decided by the High Court or a lower court in its original jurisdiction. He said the court of final appeal for both men was the Court of Appeal as Chia s case had originated from the Sessions Court while Ishak s case began at the magistrate's court. (The Star Online, Malaysia -- News)
23rd Circuit Bar Association names Liberty Bell recipient May 10, 2006
"He said the final report recommended unification, but at the time was highly criticized as being led by professional facilitators to reach a pre-ordained result. Swallow said similar reports and recommendations followed as the state legislature was lobbied by the Supreme Court and the executive office to favor court consolidation."In response to these efforts, in July of 1996, Public Act 388 was adopted," he said.He said among other things, the act provided that the juvenile jurisdiction of the... (Iosco County News Herald, MI)
Sadler hopes to stay as Hyde County clerk of court May 8, 2006
The clerk of Superior Court is an ex-officio judge of probate, holds exclusive original jurisdiction in matters relating to probate of wills and estate administrations of decedents, guardianships, minor and in competency matters. The clerk also has the responsibility of hearing matters such as adoptions, foreclosures, and condemnations of private lands for public use, Sadler said. (Washington Daily News, NC)
All aboard the Roe v. Wade express to D.C. Apr 30, 2006
- Last stop, original jurisdiction: Start the judicial nose-counting. With the recent appointments of Chief Justice John Roberts and Justice Samuel Alito - both conservatives - the nine-member court is considered almost perfectly balanced across the political spectrum. (Times Herald-Record, NY)
The Role Of Chieftaincy In Ghana Apr 26, 2006
(5) A Judicial Committee of the National House of Chiefs shall have original jurisdiction in any cause or matter affecting chieftaincy ... It hears and determines appeals from the traditional councils within the region in respect of the nomination, election, selection, installation or deposition of a person as a chief and have original jurisdiction in all matters relating to a paramount stool or skin or the occupant of a paramount stool or skin, including a queen mother to a paramount stool or... (Ghana Web, Ghana)
Judicial hellholes: Philly drops a notch Apr 19, 2006
It also grants federal district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million and is between citizens of different states. "There was a problem whereby plaintiffs would bring a nationwide class action in friendly courts that are called 'magnets' because they attract plaintiffs from all over the place or magic courts where you can take it and a case magically becomes a good case because you have a friendly judge," says Frank of the AEI. But... (Pennsylvania Northeast Business Journal, PA)
Ark. Can't Sue Okla. Over Water Pollution Feb 24, 2006
"It is very rare for the United States Supreme Court to take original jurisdiction over controversies between two states, but we felt the threat to Arkansas state sovereignty and to our citizens warranted the effort to face the odds and ask for the court's intervention.". Oklahoma Attorney General Drew Edmondson praised the court's decision. (PhillyBurbs.com)
The U.S. Supreme Court in History and Today Feb 21, 2006
According to Article III, Section 2, of the U.S. Constitution, "Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution...." The Supreme Court can hear some cases directly (original jurisdiction) and some only when they're appealed (appellate jurisdiction) ... In 1803, the court assumed the power of judicial review in Marbury v. Madison, when Chief Justice John Marshall and his court declared that Congress could not amend the original jurisdiction of the... (National Ledger)
