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The examination phase has been described as "the most controversial aspect of criminal procedure" in civil-law jurisdictions because of "[t]he secrecy and length of the proceedings, the large powers enjoyed by examining magistrates" and "the possibility for abuse inherent in the power of the individual magistrate to work in secret and to keep ...
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 ...
Rothgery v. Gillespie County, 554 U.S. 191 (2008), is a United States Supreme Court case in which the Court held that a criminal defendant's initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. [1]
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States.
In Scotland, the lowest level of law-court, a justice of the peace court, is presided over by a justice of the peace, who like in England and Wales are trained volunteers. Stipendiary magistrates are, ex officio, justices of the peace, and when sitting in a JP court had the summary criminal jurisdiction and powers of a sheriff. [17]: Section 5
Before 1990, the rules of the Supreme Court also stated that "a writ of injunction may be granted by any Justice in a case where it might be granted by the Court." [197] However, this part of the rule (and all other specific mention of injunctions) was removed in the Supreme Court's rules revision of December 1989.
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 ...
The United States District Court for the District of Arizona granted the Town's motion for summary judgment. [30] The church then appealed that ruling to the United States Court of Appeals for the Ninth Circuit, but the Ninth Circuit affirmed the judgment of the district court, holding the town's ordinance was content neutral. [30] Citing Hill v.