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John Henry Merryman and Rogelio Pérez-Perdomo have described the examining magistrate's role in civil-law systems as follows: . The typical criminal proceeding in the civil law world can be thought of as divided into three basic parts: the investigative phase, the examining phase (the instruction), and the trial.
Further, it also said "...the magistrate may appoint counsel to represent an accused in such examining trial only..." This case was part of the process of applying rights guaranteed by the Sixth Amendment to the states. It was later cited by one of the most famous United States Supreme Court cases, Miranda v. Arizona, 384 U.S. 436 (1966).
The magistrate judge's seat is not a separate court; the authority that a magistrate judge exercises is the jurisdiction of the district court itself, delegated to the magistrate judge by the district judges of the court under governing statutory authority, local rules of court, or court orders. Rather than fixing the duties of magistrate ...
A judge is a person who presides over court proceedings, either alone or as a part of a judicial panel.In an adversarial system, the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal ...
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...
Law 25-91 established that the number of members of the court would be 11 judges, but later the law that sets the number 156–97 in 16 judges, including the Chief Justice was enacted. When the Supreme Court to meet in full the minimum quorum shall be 12 judges.
In the past, magistrates have been responsible for granting licences to sell alcohol; [9] this function is now exercised by local councils, although there is a right of appeal to the magistrates' court. Magistrates are also responsible for granting orders such as search warrants to the police and other authorities.
Chief Justice Taft led a public campaign for federal judicial reform. Chief Justice William Howard Taft, appointed to the Supreme Court in 1921, had led a public campaign for federal judicial reform since leaving the White House in 1913. Taft proposed the appointment of at-large judges, what he called a "flying squadron", that could be assigned ...