Trial by jury in Scotland
Criminal procedure in Scotland is generally regulated by the Criminal Procedure (Scotland) Act 1995 (as amended) and various Acts of Adjournal passed by the High Court of Justiciary. Under Scots law a jury in a criminal trial must have at least fifteen jurors for a case to continue, and at least eight jurors must declare guilt into order to convict. The jury has a choice of three verdicts: guilty (a conviction), not guilty (acquittal) and not proven (also acquittal).
Article Five of the United States Constitution
Article Five of the United States Constitution describes the process whereby the Constitution, the nation's frame of government, may be altered. Altering the Constitution consists of proposing an amendment or amendments and subsequent ratification. Amendments may be proposed either by the Congress with a two - thirds vote in both the House of Representatives and the Senate or by a convention of states called for by two - thirds of the state legislatures. To become part of the Constitution, an amendment must be ratified by either -- as determined by Congress -- the legislatures of three - quarters of the states or state ratifying conventions in three - quarters of the states. The vote of each state (to either ratify or reject a proposed amendment) carries equal weight, regardless of a state's population or length of time in the Union.
Eastern Caribbean Supreme Court
The Headquarters of the ECSC is in Castries, Saint Lucia, where it is located on the second floor of the Heraldine Rock Building, Block B, on the Waterfront. The building houses the Justices of Appeal's chambers, the Court of Appeal Registry, the Judicial Education Institute, Library, and the Administrative Services.
Israel
Israel has a three-tier court system. At the lowest level are magistrate courts, situated in most cities across the country. Above them are district courts, serving as both appellate courts and courts of first instance; they are situated in five of Israel's six districts. The third and highest tier is the Supreme Court, located in Jerusalem; it serves a dual role as the highest court of appeals and the High Court of Justice. In the latter role, the Supreme Court rules as a court of first instance, allowing individuals, both citizens and non-citizens, to petition against the decisions of state authorities. Although Israel supports the goals of the International Criminal Court, it has not ratified the Rome Statute, citing concerns about the ability of the court to remain free from political impartiality.
Supreme Court of the United Kingdom
The Supreme Court's focus is on cases that raise points of law of general public importance. As with the former Appellate Committee of the House of Lords, appeals from many fields of law are likely to be selected for hearing, including commercial disputes, family matters, judicial review claims against public authorities and issues under the Human Rights Act 1998. The Supreme Court also hears some criminal appeals, but not from Scotland, as there is no general right of appeal from the High Court of Justiciary, Scotland's highest criminal court, other than with respect to devolution issues.
European Union law
In 2006, a toxic waste spill off the coast of Côte d'Ivoire, from a European ship, prompted the Commission to look into legislation against toxic waste. Environment Commissioner Stavros Dimas stated that "Such highly toxic waste should never have left the European Union". With countries such as Spain not even having a crime against shipping toxic waste, Franco Frattini, the Justice, Freedom and Security Commissioner, proposed with Dimas to create criminal sentences for "ecological crimes". The competence for the Union to do this was contested in 2005 at the Court of Justice resulting in a victory for the Commission. That ruling set a precedent that the Commission, on a supranational basis, may legislate in criminal law – something never done before. So far, the only other proposal has been the draft intellectual property rights directive. Motions were tabled in the European Parliament against that legislation on the basis that criminal law should not be an EU competence, but was rejected at vote. However, in October 2007, the Court of Justice ruled that the Commission could not propose what the criminal sanctions could be, only that there must be some.
Procedures of the Supreme Court of the United States
A quorum of justices to hear and decide a case is six. If, through recusals or vacancies, fewer than six justices can participate in a case, and a majority of qualified justices determines that the case can not be heard in the next term, then the decision of the court below is affirmed as if the Court had been equally divided on the case. An exception exists when this situation arises in one of the now - rare cases brought directly to the Supreme Court on appeal from a United States District Court; in this situation, the case is referred to the U.S. Court of Appeals for the corresponding circuit for a final decision there by either the Court of Appeals sitting en banc, or a panel consisting of the three most senior active circuit judges.
Romania
The Constitution of Romania is based on the Constitution of France's Fifth Republic and was approved in a national referendum on 8 December 1991, and amended in October 2003 to bring it into conformity with the EU legislation. The country is governed on the basis of a multi-party democratic system and the separation of powers between the legislative, executive and judicial branches. It is a semi-presidential republic where executive functions are held by both government and the president. The latter is elected by popular vote for a maximum of two terms of five years and appoints the prime minister, who in turn appoints the Council of Ministers. The legislative branch of the government, collectively known as the Parliament (residing at the Palace of the Parliament), consists of two chambers (Senate and Chamber of Deputies) whose members are elected every four years by simple plurality.The justice system is independent of the other branches of government, and is made up of a hierarchical system of courts culminating in the High Court of Cassation and Justice, which is the supreme court of Romania. There are also courts of appeal, county courts and local courts. The Romanian judicial system is strongly influenced by the French model, considering that it is based on civil law and is inquisitorial in nature. The Constitutional Court (Curtea Constituțională) is responsible for judging the compliance of laws and other state regulations to the constitution, which is the fundamental law of the country and can only be amended through a public referendum. The 2007 entry into the EU has been a significant influence on its domestic policy, and including judicial reforms, increased judicial cooperation with other member states, and measures to combat corruption.
Nancy Moritz
Nancy Louise Moritz (born March 3, 1960) is a United States Circuit Judge of the United States Court of Appeals for the Tenth Circuit and former justice on the Kansas Supreme Court.
Jeffrey W. Johnson
Jeffrey W. Johnson (born October 7, 1960, in Columbia, South Carolina) is an incumbent Associate Justice of the California Court of Appeal.
Supreme court
In South Africa, a "two apex" system existed from 1994 to 2013. The Supreme Court of Appeal (SCA) was created in 1994 and replaced the Appellate Division of the Supreme Court of South Africa as the highest court of appeal in non-constitutional matters. The SCA is subordinate to the Constitutional Court, which is the highest court in matters involving the interpretation and application of the Constitution. But in August 2013 the Constitution was amended to make the Constitutional Court the country's single apex court, superior to the SCA in all matters, both constitutional and non-constitutional.
List of Justices of the Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada. It was created in 1875 by a law passed by the Parliament of Canada, the Supreme and Exchequer Court Act. Since 1949, the Court has been the final court of appeal in the Canadian justice system. Originally composed of six justices (the Chief Justice of Canada and five puisne justices), the Court was expanded to seven justices by the creation of an additional puisne justice position in 1927, and then to nine justices by the creation of two more puisne justice positions in 1949.
Incorporation of the Bill of Rights
This right has been incorporated against the states. Described as a fundamental and individual right that will necessarily be subject to strict scrutiny by the courts, see McDonald v. City of Chicago (2010). Self Defense is described as ``the central component ''of the Second Amendment in McDonald, supra., and upheld District of Columbia v. Heller 554 U.S (2008) concluding the Fourteenth Amendment incorporates the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self - defense. The 14th Amendment makes the 2nd Amendment right to keep and bear arms fully applicable to the States, see, McDonald vs. City of Chicago (2010).`` The right to keep and bear arms must be regarded as a substantive guarantee, not a prohibition that could be ignored as long as the States legislated in an evenhanded manner,'' McDonald, supra...
European Union law
To make new legislation, TFEU article 294 defines the "ordinary legislative procedure" that applies for most EU acts. The essence is there are three readings, starting with a Commission proposal, where the Parliament must vote by a majority of all MEPs (not just those present) to block or suggest changes, and the Council must vote by qualified majority to approve changes, but by unanimity to block Commission amendment. Where the different institutions cannot agree at any stage, a "Conciliation Committee" is convened, representing MEPs, ministers and the Commission to try and get agreement on a joint text: if this works, it will be sent back to the Parliament and Council to approve by absolute and qualified majority. This means, legislation can be blocked by a majority in Parliament, a minority in the Council, and a majority in the Commission: it is harder to change EU law than stay the same. A different procedure exists for budgets. For "enhanced cooperation" among a sub-set of at least member states, authorisation must be given by the Council. Member state governments should be informed by the Commission at the outset before any proposals start the legislative procedure. The EU as a whole can only act within its power set out in the Treaties. TEU articles 4 and 5 state that powers remain with the member states unless they have been conferred, although there is a debate about the Kompetenz-Kompetenz question: who ultimately has the "competence" to define the EU's "competence". Many member state courts believe they decide, other member state Parliaments believe they decide, while within the EU, the Court of Justice believes it has the final say.
1975 Swiss referendums
Nine referendums were held in Switzerland in 1975. The first was held on 2 March on an amendment to the Swiss Federal Constitution on the article on the economic cycle. Although it was approved by a majority of voters, it did not receive the support of a majority of cantons (the result was an 11–11 tie), so was rejected. The next five were held on 8 June on protecting currency (approved), financing the national road network (approved), amending the general tariff (rejected), increasing taxes the following year (approved) and restricting federal expenditure (approved). The final three were held on 7 December on a constitutional amendment on the right to residence and welfare benefits (approved), a constitutional amendment on water management (approved) and a federal law on the import and export of agricultural goods (approved).
Separation of church and state in the United States
The centrality of the "separation" concept to the Religion Clauses of the Constitution was made explicit in Everson v. Board of Education, 330 U.S. 1 (1947), a case dealing with a New Jersey law that allowed government funds to pay for transportation of students to both public and Catholic schools. This was the first case in which the court applied the Establishment Clause to the laws of a state, having interpreted the due process clause of the Fourteenth Amendment as applying the Bill of Rights to the states as well as the federal legislature. Citing Jefferson, the court concluded that "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach."
Florida
Reapportionment following the 2010 United States Census gave the state two more seats in the House of Representatives. The legislature's redistricting, announced in 2012, was quickly challenged in court, on the grounds that it had unfairly benefited Republican interests. In 2015, the Florida Supreme Court ruled on appeal that the congressional districts had to be redrawn because of the legislature's violation of the Fair District Amendments to the state constitution passed in 2010; it accepted a new map in early December 2015.
Supreme Court of the United States
The Constitution provides that justices ``shall hold their offices during good behavior ''(unless appointed during a Senate recess). The term`` good behavior'' is understood to mean justices may serve for the remainder of their lives, unless they are impeached and convicted by Congress, resign, or retire. Only one justice has been impeached by the House of Representatives (Samuel Chase, March 1804), but he was acquitted in the Senate (March 1805). Moves to impeach sitting justices have occurred more recently (for example, William O. Douglas was the subject of hearings twice, in 1953 and again in 1970; and Abe Fortas resigned while hearings were being organized in 1969), but they did not reach a vote in the House. No mechanism exists for removing a justice who is permanently incapacitated by illness or injury, but unable (or unwilling) to resign.
Genocide
In the same judgement the ECHR reviewed the judgements of several international and municipal courts judgements. It noted that International Criminal Tribunal for the Former Yugoslavia and the International Court of Justice had agreed with the narrow interpretation, that biological-physical destruction was necessary for an act to qualify as genocide. The ECHR also noted that at the time of its judgement, apart from courts in Germany which had taken a broad view, that there had been few cases of genocide under other Convention States municipal laws and that "There are no reported cases in which the courts of these States have defined the type of group destruction the perpetrator must have intended in order to be found guilty of genocide".
List of federal judges appointed by Richard Nixon
Following is a list of all Article III United States federal judges appointed by President Richard Nixon during his presidency. In total Nixon appointed 235 Article III federal judges, surpassing the previous record of 193 set by Franklin D. Roosevelt. Among these were 4 Justices to the Supreme Court of the United States (including 1 Chief Justice), 45 judges to the United States Courts of Appeals, 179 judges to the United States district courts, 3 judges to the United States Court of Customs and Patent Appeals, 3 judges to the United States Court of Claims and 1 judge to the United States Customs Court.
What fraction of the governing body with the power to remove a justice from the court of criminal appeals must approve an amendment?
which of the following best describes the court of criminal appeals
Supreme Court
who has the power to remove a #1 justice
Congress
what fraction of #2 must approve an amendment
two - thirds