Even in Inspite of Interlocutory Appeal, a Lower Court Has Jurisdiction to Hear the Substantive Suit - A New Judicial Perspective in Dr Okezie Ikpeazu v. Dr Sampson Ogah (2016) LPELR-40845 (CA)

2021 ◽  
Author(s):  
Olumide Babalola
Keyword(s):  
Lower Court

Civil Jurisdiction, Settler Politics, and the Colonial Constitution, circa 1840-58

2008 ◽  
Vol 39 (3) ◽  
pp. 497 ◽  
Author(s):  
Damen Ward
Keyword(s):  
Lower Court ◽  
Parliamentary Debates ◽  
Early Colonial ◽  
Responsible Government ◽  
The Supreme Court ◽  
Competing Ideas ◽  
Politics And Law ◽  
The Relationship ◽  
Institutional Relationships

In early colonial politics, decisions about lower court jurisdiction often reflected competing ideas about the relationship between different parts and functions of government. In particular, court structure and jurisdiction could be seen as having important implications for the role and power of the governor. Appreciating the importance of jurisdiction as a way of defining, and arguing about, the distribution and exercise of political and legal authority in the colonial constitution allows connections to be drawn between different elements of settler politics in the 1840s and 1850s. The closing of the Court of Requests by Governor Grey in 1848, and the decisions of the Supreme Court judges in subsequent litigation, provide examples of this. Debate over the role of the governor in emerging systems of representative and responsible government after 1852 contributed to lower court jurisdiction remaining politically significant, particularly in relation to Māori.  This is shown by considering parliamentary debates about the Stafford ministry's 1858 proposals for resident magistrates' jurisdiction over "native districts". The politics of jurisdiction were part of wider contests about the establishment and consolidation of particular political and institutional relationships within the colonial constitution. This multi-faceted construction of government authority suggests a need to reconsider elements of Pākehā colonial politics and law.

Waldpolitischer Jahresrückblick 2013

2014 ◽  
Vol 165 (5) ◽  
pp. 105-112
Author(s):  
Willi Zimmermann
Keyword(s):  
Spatial Planning ◽  
Forest Policy ◽  
Federal Court ◽  
Annual Review ◽  
Lower Court ◽  
Forest Exploitation ◽  
Forest Law ◽  
Harmful Organisms ◽  
European Forest ◽  
The One

Annual review of forest policy 2013 At the federal level, forest policy in 2013 was marked by a high number of implementation tasks on the one hand, and by the preparation of a renewed revision of the Forest Law on the other hand. The latter involved not only formal changes to individual legal articles, but also new regulations to protect against dangerous and harmful organisms, about the advancement of timber production and climate change adaptation. The traditional implementation tasks in 2013 included the approval of the budget, the controlling of different program agreements, the processing of parliamentary interventions as well as providing diverse documents. Particularly noteworthy this past year was a Federal Court decision, which, in contradiction to the cantonal lower court, classified test-drilling in a forest as a disadvantageous non-forest exploitation that requires authorization. At the international level, the adoption of a European Forest Convention was hindered primarily because the decision about the location of the secretariat stalled. In terms of forest-relevant policies, particularly spatial planning and energy policy can be expected to have noticeable effects on forests.

Innovation of Lower Court Procedures: Working from Terms of Reference

2011 ◽  
Author(s):  
Maurits Barendrecht
Keyword(s):  
Lower Court

Epilogue

2018 ◽  
Author(s):  
Eric K. Yamamoto
Keyword(s):  
Judicial Independence ◽  
Courts Of Appeals ◽  
Lower Court ◽  
Executive Orders ◽  
Judicial Scrutiny ◽  
The U.S ◽  
Assistance Project

The concise Epilogue describes the U.S. Supreme Court’s late-2017 vacation of the courts of appeals rulings in the International Refugee Assistance Project v. Trump and Hawaii v. Trump cases (determining that the litigated controversy over the president’s January and March 2017 exclusionary executive orders was moot). It incorporates Justice Sotomayor’s dissent and notes that the lower court rulings “may be persuasive and cited as guidance, but not as binding precedent.” It observes therefore that the Korematsu conundrum persists at the heart of these and future liberty and security controversies: careful judicial scrutiny or near unconditional deference, judicial independence or court passivity.

Orders Not to Resuscitate: The Sharon Siebert Case

1981 ◽  
Vol 2 (5) ◽  
pp. 3-7
Author(s):  
George J. Annas
Keyword(s):  
Do Not Resuscitate ◽  
Lower Court ◽  
Legal Standard ◽  
Dnr Orders

In a previous column I discussed the testimony of a number of nurses in the case of Ms. Sharon Siebert. That case was decided by a lower court on February 13, 1981, and this column discusses Judge Lindsay G. Arthur's opinion. Jane Hoyt, a friend, not a relative, of Ms. Siebert, brought suit to enjoin an order not to resuscitate that had been written on Ms. Siebert. The case raised a number of important issues, including whether the court would allow a suit brought by someone in Ms. Hoyt's position vis-à-vis the patient, and if it did, what legal standard the court might require in the writing of Do Not Resuscitate (DNR) orders.

4. Are a Blood Alcohol Concentration of 256mg/dl and Minimal Signs of Impairment Reliable Indications of Alcohol Dependence?

1994 ◽  
Vol 34 (3) ◽  
pp. 265-270 ◽  
Author(s):  
A W Jones
Keyword(s):  
Expert Witness ◽  
Blood Alcohol Concentration ◽  
Drunk Driving ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Blood Alcohol ◽  
Lower Court ◽  
Dna Profile ◽  
Court Of Appeals ◽  
Driving Scenario

This article describes a drink-driving scenario where a woman was apprehended for driving under the influence (DUI) with a blood alcohol concentration (BAC) of 256mg/dl1 The correctness of this result was vigorously challenged by a medical expert witness for the defence, who was actually a specialist in alcohol diseases. Despite reanalysis to confirm the BAC as well as a DNA profile to prove the identity of the blood specimen, the woman was acquitted of the charge of drunk driving by the lower court. However, she was subsequently found guilty in the High Court of Appeals with a unanimous decision and sentenced to four weeks imprisonment. This case report illustrates some of the problems surrounding the use of expert medical evidence by the defence to challenge the validity of the prosecution evidence based solely on a suspect's BAC. In situations such as these, an expert witness should be called by the prosecution to clarify and, if necessary, rebut medical and/or scientific opinions that might mislead the court and influence the outcome of the trial.

Family Law and Social Change: Judicial Views of Joint Custody, 1998–2011

2015 ◽  
Vol 40 (03) ◽  
pp. 723-745 ◽  
Author(s):  
Julie E. Artis ◽  
Andrew V. Krebs
Keyword(s):  
Social Change ◽  
Family Life ◽  
Political Party ◽  
Family Law ◽  
Party Affiliation ◽  
Joint Custody ◽  
Lower Court ◽  
Rapid Changes ◽  
Political Party Affiliation ◽  
Depth Interviews

Rapid changes in family life over the last forty years have led to substantial alterations in family law policy; specifically, most states now endorse joint custody arrangements for divorcing families. However, we know little about how lower court judges have embraced or resisted this change. We conducted in‐depth interviews with judges in twenty‐five Indiana jurisdictions in 1998 and 2011. Our findings suggest that judges' views of joint custody dramatically changed. Judges in Wave II indicated a strong preference for joint custody—a theme that was relatively absent in Wave I. The observed change in judicial preferences did not seem to be related to judicial replacement, gender, age, or political party affiliation. Although our conclusions are exploratory, we speculate that shifts in judicial views may be related to changing public mores of parenthood and, relatedly, Indiana's adoption of Parenting Time Guidelines in 2001.

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