as the bail, or, more accurately, the bail bond-is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company. Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security. Bail is usually granted in a civil arrest. Courts have greater discretion to grant or deny bail in the case of persons
in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said
I FACTUAL BACKGROUND In Lavin v Toppi, the High Court of Australia considered the application of equitable contribution for co-guarantors/co-sureties to a loan where a creditor had covenanted not to sue one of the guarantors. Ms Lavin and Ms Toppi were directors and equal shareholders of the company Luxe Studios Pty Ltd (“Luxe”). In 2005, Luxe purchased a property in Sydney for the purpose of running a photographic studio, funded by a loan from the National Australia Bank (“the Bank”). Further loans
The United Kingdom's Court System In the trial process in England and Wales is adversarial. In the magistrates' courts, magistrates determine guilt or innocence. In the Crown Court, a jury of twelve ordinary citizens will decide.. The prosecution must prove its case beyond reasonable doubt. The prosecutor will make his case first by calling and examining witnesses. These are then cross-examined by the defence. The defence is not obliged to call evidence and the defendant is not a compellable
states The Constitutional Court, the Supreme Court of Appeal and the High Courts have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice. Civil procedure as applied in the superior courts does not depend solely on statutory provisions and the rules of court. Because of this, the superior courts are sometimes said to exercise an ''inherent jurisdiction''. This refers to the superior courts may do anything that the
new rule. Precedents are to be found in Law Reports and are divided up into ‘Binding’ and ‘Persuasive’. “A Binding Precedent is a decided case which a court must follow even though it is considered to have been wrongly decided…” (Terence Ingman, 2002, Page 420). “A Persuasive Precedent is one which is not absolutely binding on a court but which may be applied” (Terence Ingman, 2002, Page 420) Bromley London Borough Council V Greater London Council (1982), Searose Ltd V Seatrain (UK) Ltd
precedent that differs substantially from Western European law, where laws have been systematically codified, forming a single body of legal doctrine. The English legal system is centralized through a hierarchical system of courts, common to the whole country, where the higher courts exercise their authority over the inferior ones. The role of judges in the system is central, as they not only exercise jurisprudence but also establish the meaning of the laws passed by Parliament. They are independent
magistrates and the crown court, and their function within the court hierarchy. The crown court is seen to deal with more serious offences referred to as indictable offences, which carry a higher sentence. Whereas the magistrates court deals with summary offences, carrying a lesser sentence than other courts in its division. Both courts are part of the criminal justice system, and deal with disputes between individuals and the state. In the old bailey court the atmosphere of the court was very serious and
director of LWC. The central issue of this case is whether Helen’s appointment as director is invalid, and whether the Court can overrule this irregularity. The primary judge, Barrett J found that the appointment of Helen was not invalid by reason of contravention of the company’s constitution (Beck v LW Furniture Consolidated (Aust) Pty Ltd (2011) NSWSC 235). This was overturned in the Court of Appeal by a majority of Young JA and Sackville AJA, who declared that Helen’s appointment was not a contravention
personally, the wife has a prima facie right to have the debt set aside. The principle has faced scrutiny’s about being 'discriminatory' , that it patronizes married women as well as failing to provide equal protection to both sexes. However, in the High Court case of Garcia v National Australia Bank Ltd the principle in Yerkey v Jones was revitalized by expanding the doctrine of unconscionability to include a special disability, suffered by a wife who acted as guarantor upon the circumstances in which
The high court has a significant impact on the lives of all Australians. In order to understands how and why the high court affects all Australian lives its necessary for us to know the role of the high court of Australia in the Australian legal system. The high court of Australia was established in 1903, its located at Canberra within the parliamentary triangle. The high court is also known as at the guardian of the constitution and the rule of law. Within the hierarchy of courts, the high court
.. middle of paper ... ...erferes with the course of justice or due administration of justice. According to Nigel Lowe and Brenda Sufrin and also in the context of second part of Article 129 and Article 215 of the Constitution the object of the contempt law is not only to punish, it includes the power of the Courts to prevent such acts which interfere, impede or pervert administration of justice. If in a given case the appropriate Court finds infringement of such presumption by excessive prejudicial
("Supreme Court of Korea," 2012). The first period was the Three Kingdoms Period where all judicial operations were held to the tribal councils or the head of the clan. One of the kingdoms was Goguryeo which was the top of the judicial organization. In Baekje, one of the royal ministers held judicial authority. Next, was the Goryeo Dynasty, who had the first king to establish a central government that took care of legal issues and trials.
The Australian Constitution irrefutably achieves justice for the Australian people. Justice is crucial for the productivity and betterment of society, it refers to the notion of people being treated fairly and impartially by the abetriers of the law and the people in power. As U.S. President John Adams once stated; “I say, that power must never be trusted without a check”. Power and its influence must undoubtedly be balanced and extensively assessed for it to be deemed trustworthy and dependable
who then makes the appointment. To become a High Court Judge, candidates may either apply in response to an advertisement or be invited by the Lord Chancellor to consider the position. Considerable ‘secret surroundings’ are carried out. In addition, the opinions of all serving High Court judges are sought. Those candidates who are short-listed are then reviewed by the Lord Chancellor and the four Head of Division (the Lord Chief Justice, the Master of the Rolls, the President of Family
Justice Clarence Thomas was born in June 1948 and grew up in Georgia. He graduated at Yale Law School and served as the Assistant Attorney General in Missouri, practicing law in the private sector. In 1981 he was appointed Assistant Secretary for Civil Rights at the U.S. Department of Education one year later, Justice Thomas was appointed Chairman of the Equal Employment Opportunity Commission by President Ronald Reagan. By 1991 Justice Thomas was nominated by Bush to fill Thurgood Marshall’s seat
first ethical violation is that Judges must be "patient, dignified and courteous" to those involved in the court system. In the Code of Conduct for United States Judges and under Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently. (United States Courts, 1973) This means that everyone involved should be exhibiting signs of decorum in all kinds of court proceedings. In the Canon 3A (3) it states that judges need to act in such a manner that it protects the public’s
because they influence how all parties in a dispute, even judicial officers and legal practitioners, are to treat civil litigation. They must now always endeavour to achieve justice efficiently, saving both the time and the amount of money used in a proceeding that is endured by the courts and litigants. A method which Victorian courts implement as a means of achieving just, efficient, timely and cost-effective solutions to disputes is what is known as case management.
The Brethren: Inside the Supreme Court, by Bob Woodward and Scott Armstrong, gives the public an intimate description of the justices who serve on the Supreme Court in the 1969-1976. This book also gives an unprecedented look at the daily work and personal lives of the justices. The book describes the relationships the justices have with each other and the relationships they have with their clerks. Woodward and Armstrong give the reader insight to the justice's personalities and their personal agenda
/ Structure Court Texas is unique in that it has two-one High Court civil case, called the Supreme Court of Texas, and a criminal case, known as the Court of Criminal Appeals of Texas. Nine justices who sit on each court, like all judges in Texas, was elected. The election of judges is just one example of popular control over the individual chosen to rule in Texas. *** = The Supreme Court of Appeal Criminal Court -> Appeals court states -> Courts County -> local court. All state elected Judges differ