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Topic: Lower courts

	AELE Amicus Curiae Briefs - Lower Federal Courts
		We asked the appellate court to overturn a civil damages award against an officer who caused the plaintiffs to be detained at gunpoint, because he mistakenly believed them to be the perpetrators of a series of armed robberies.
		AELE argued further, that trial court was engaging in unreasonable "second-guessing" when it found that officer did not fire in reasonable apprehension of harm when suspect turned toward him in dark gangway, at night, with a blue steel object in his hand.
		Court refused to dismiss contempt citations against Attorneys Kunstler and Weinglass for courtroom disruptions in the "Chicago 7" case.
	www.aele.org /Lowfedami.html (846 words)

	Lower court -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-21)
		In reference to an (Attractiveness that interests or pleases or stimulates) appeal, the lower court is the (An assembly (including one or more judges) to conduct judicial business) court whose decision is being reviewed.
		The lower court, in this relative sense, may be a (The first court before which the facts of a case are decided) trial court or may itself be an (A court whose jurisdiction is to review decisions of lower courts or agencies) appellate court that is lower in rank than the reviewing court.
		In an absolute sense, lower court refers to a (The first court before which the facts of a case are decided) trial court as opposed to an (A court whose jurisdiction is to review decisions of lower courts or agencies) appellate court.
	www.absoluteastronomy.com /encyclopedia/l/lo/lower_court.htm (171 words)

	Where lower courts end, high court starts
		Pitiable infrastructure facilities of the lower courts cry for immediate attention, contrary to the highway high court that personifies glamour antithetical to t city sessions and metropolitan courts located in the heart of Ahmedabad.
		An advocate at the city civil court said, "You must have sufficient space to have decent furniture." An official from the registrar’s office at the high court said, "The court is a public place.
		At the metropolitan court the most a person can get is a plate of faafda, khaman, samosa and kachori, which is not the case at the high court." In high court the professionally managed canteens have separate sections or lawyers, litigants and the administrative staff.
	www.ahmedabad.com /incity/2k/feb/28court.htm (587 words)

	Tennessee Administrative Office of the Courts
		Court of Appeals judges are selected under the Tennessee version of the "Missouri Plan." When a vacancy occurs on the Court of Appeals, the 15-member Judicial Selection Commission recommends three candidates from the grand division of the state in which the vacancy exists.
		The traditional equity courts are based on the English system in which the chancellor acted as the "King's conscience." Chancellors may, by law and tradition, modify the application of strict legal rules and adapt the relief given to the circumstances of individual cases.
		Every county is served by the court which hears civil and criminal cases, including matters formerly handled by justices of the peace.
	www.tsc.state.tn.us /geninfo/courtinfo.htm (939 words)

	Records Relating to Criminal Trials, Appeals, and Pardons, Information Leaflet #9 (Site not responding. Last check: 2007-10-21)
		The Court of General Sessions was a county-level court having jurisdiction over all felony cases not punishable by death or life imprisonment (those cases were reserved to the Court of Oyer and Terminer).
		The court's jurisdiction was the same as that of the Court of General Sessions or County Court, except that Oyer and Terminer had jurisdiction over crimes punishable by life imprisonment or death.
		The record from the lower court was attached to the writ of error or writ of certiorari and returned to the higher court for its determination or review.
	www.archives.nysed.gov /a/researchroom/rr_legal_trials.shtml (6023 words)

	The Handling of an Appeal
		Perhaps he was unable to persuade the court with his arguments, perhaps he had miscalculated the courts implementation of the law, or perhaps he or she was just plain unprofessional.
		Perhaps the higher court will take a different approach than the lower courts and render a different ruling, but in most cases that is not the case.
		That is why any party who seeks to appeal a lower court ruling should look to hire a new attorney to handle his or her appeal.
	journals.aol.com /jsiskopoulos/legalappeals/entries/333 (1562 words)

	The Hindu : Lower courts to work on Saturdays from Jan.
		The lower courts will work on Saturdays also, as per a decision taken by the Madras High Court, the monitoring body for the entire judiciary in the State.
		The Full Court decision was arrived at after all the Judges considered and deliberated the recommendation of the Justice Shetty Commission on pay scales and other working conditions of the subordinate judiciary in the country.
		At present, magistrate courts work on Saturdays, with one ``duty magistrate'' dealing only with remand or its extension, to comply with the legal provision that the accused should be presented before a magistrate within 24 hours of arrest.
	www.hinduonnet.com /2000/12/16/stories/04162232.htm (378 words)

	[No title]
		United States, [FN15] a unanimous Court used the principles of Lopez to overturn a conviction under the federal arson statute on the grounds that the Government's interpretation of that statute's scope was too broad to be sustained.
		The Court wrote that "the existence of congressional findings is not sufficient, by itself, to sustain the constitutionality of Commerce Clause legislation." [FN40] Though the conclusions of Congress regarding a regulated activity's effect on interstate commerce were due some deference, questions about the scope of Congress's power were for the Court to decide.
		Despite the district court's characterization of § 922(o) as prohibiting "transfer and possession," [FN142] the statute uses the disjunctive "or." [FN143] The defendant in the district court case, moreover, was charged merely with possession of an illegal machine gun; there was no issue of his having transferred it.
	www.instapundit.com /lawrev/denningark.htm (11610 words)

	Supreme Court of the United States - Questionz.net , answers to all your questions (Site not responding. Last check: 2007-10-21)
		The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States to interpret and decide questions of federal law.
		Although Congress has authorized review of lower court decisions by direct appeal in limited circumstances, most cases are brought to the court by petition for a writ of certiorari, which the court has discretion to grant or deny.
		The practice of issuing an opinion of the court was initiated during the tenure of Chief Justice John Marshall in the early nineteenth century.
	www.questionz.net /US_Supreme_Court.html (1297 words)

	[No title] (Site not responding. Last check: 2007-10-21)
		This Court’s reliance on such standards should permit lower courts to reach new conclusions of law that properly reflect the current national consensus regarding the constitutionality of a particular punishment.
		Accordingly, the Missouri Supreme Court properly examined contemporary standards of decency to determine whether the execution of seventeen-year-olds is cruel and unusual punishment in accordance with Eighth Amendment precedent.
		Courts should undertake an independent examination of the effectiveness of the retributive and deterrence functions of the death penalty.
	wings.buffalo.edu /law/bclc/wechsler2004/team6b.doc (3516 words)

	Lower Courts Matter » Outside The Beltway (Site not responding. Last check: 2007-10-21)
		District court judges are virtually all from the state in which they serve and are, for all intents and purposes, appointed by the U.S. Senators from their state rather than the president.
		Courts of Appeals judges almost all come up from one of the districts in the circuit and, again, the Senators from those states have substantial influence.
		There were indeed lower court judges who were sluggish in implementing desegregation and other civil rights initiatives in the South, but for the most part that was at the district court level.
	www.outsidethebeltway.com /archives/6965 (847 words)

	Tennessee Courts - Justice For Y'all (Site not responding. Last check: 2007-10-21)
		By constitutional mandate, the court meets in Knoxville, Nashville and Jackson.
		CIRCUIT COURTS are courts of general jurisdiction in Tennessee.
		The jurisdiction of Circuit Courts often overlaps that of the Chancery Courts.
	www.justiceforyall.com /docs/Courts.asp (1040 words)

	Bush picks shape lower courts
		One level down, dozens of conservative appeals court judges appointed by Bush already are helping to shape the law in ways that ultimately could have as much, and in some ways even more, impact than the nine justices of the nation’s highest court.
		So far, Bush’s appointees to the appeals court are showing patterns very close to judges of his Republican predecessors in ideologically contested cases, said law Professor Cass Sunstein at the University of Chicago, where the Chicago Judges Project is tracking the federal judiciary.
		Because appeals courts rule on thousands of cases each year, compared to only about 75 a year decided by the Supreme Court, the impact of Bush’s appellate judges could be far-reaching.
	www.showmenews.com /2005/Jul/20050710News015.asp (770 words)

	800,000 CASES PENDING IN LOWER COURTS -- SC JUSTICE
		There are close to 800,00 pending cases before the lower courts alone and the judiciary has to deal with the lack of judges, corruption and inefficiency among its ranks as well as inadequate funds and facilities, he said.
		According to Panganiban, statistics from the Office of the Court Administrator (OCA) show that there are 343,875 cases pending before the regional trial courts and 445,999 cases in the various first-level courts as of July 31, 2004 — a total of 789,874 cases that constitute the courts’ backlog.
		While the number of cases pending before the Court of Appeals was not available at press time, Panganiban said there are 6,000 cases pending before the SC and the workload is so heavy that only those devoted to their duty have the perseverance to work on them.
	www.newsflash.org /2004/02/hl/hl101785.htm (690 words)

	Lower courts more conservative than \| Prometheus 6
		Conservatives have been packing the lower courts for years, partly to insure a "qualified" candidate of the right political persuasion is available whenever a more influential seat opens up.
		A unanimous Supreme Court made it significantly easier today for workers to win discrimination suits against their employers in cases where race, sex, religion or national origin is one factor among others in a dismissal or other adverse job action.
		A 1989 Supreme Court ruling had made it difficult for plaintiffs to qualify for the favorable jury instructions that come with a mixed-motive case, under which the employer has the burden of proving that it would have made the same decision even in the absence of the improper factor.
	www.prometheus6.org /node/579 (1153 words)

	ipedia.com: Appellate review Article (Site not responding. Last check: 2007-10-21)
		It is distinguished from judicial review, which refers to the court's has an overriding constitutional or statutory right to determine if a legislative act or administrative decision is defective for jurisdictional or other reasons (which may vary by jurisdiction).
		However, certain critical interlocutory court orders, such as the denial of a request for an interim injunction, or an order holding a person in contempt of court, can be appealed immediately although the case may otherwise not have been fully disposed of.
		In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.
	www.ipedia.com /appellate_review.html (304 words)

	CAN THE SIMPLE CITE BE TRUSTED?: LOWER COURT INTERPRETATIONS OF UNITED STATES V. MILLER AND THE SECOND AMENDMENT
		Lower federal courts were often on the front lines, charged with implementing decisions that, whatever their social utility, were neither "based on reason" nor "accompanied by explicit reason given."[49] Cynics began to appear correct: the Constitution is what the judges say it is--and nothing more.
		The trial court judge sustained a demurrer which alleged that § 6 of The National Firearms Act "offend[ed] the inhibition of the Second Amendment to the Constitution."[63] The Supreme Court reversed this decision and remanded the case to the district court.
		As a preliminary matter, that Miller made it to the Supreme Court at all is due to the fact that the government appealed the decision of the district court[67]--meaning the government lost at the trial court level.
	www.guncite.com /journals/dencite.html (12483 words)

	Lower courts find new space - gainesvilletimes.com
		Juvenile, probate and magistrate courts are scheduled to move from the 1977 Courthouse Annex into new courthouse, where construction is expected to finish Tuesday.
		Warrants and other court documents would be available in the annex until the new office is opened.
		Gregory said no court cases would be heard Oct. 4-5 and the morning of Oct. 6.
	www.gainesvilletimes.com /news/stories/20040925/localnews/37907.shtml (596 words)

	Page Title
		When referring to the lower courts, bear in mind that We are not speaking of the underworld (laggards, astral vampirism, and the variety of lustful and perverse ways of life).
		The lower courts merely indicate that there are egos who wish to pursue the passions of flesh and life anent a vibration of darker colors with deeper hues.
		Both courts are essential to the many varieties of creation, and there is definitely a purpose for all existence, regardless of what you may deem as acceptable or unacceptable behavior.
	members.aol.com /davarasbook/page104.html (1892 words)

	The Hindu : Ensure speedy disposal of cases, lower courts told
		The lower courts in the country, which formed the foundation of the judiciary, should ensure speedy disposal of cases at a reasonable cost for litigants so as to sustain the rule of law and democracy, the Chief Justice of the Madras High Court, Justice B. Subhashan Reddy, said today.
		Stating that the lower courts, which were dealing with litigations at the basic level, were the original pillars of judiciary, he said that they had a "greater responsibility in sustaining the rule of law and democracy".
		Releasing a souvenir, the Madras High Court Judge Justice, K. Govindarajan said that even when other pillars of the democracy were "ruined," it was only the judiciary, which ensured an individual freedom, and protected the sovereignty of the nation.
	www.hinduonnet.com /2004/02/29/stories/2004022904450300.htm (442 words)

	COMELEC: Constitution of the Republic of the Philippines (Site not responding. Last check: 2007-10-21)
		Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.
		A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.
		The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.
	www.comelec.gov.ph /laws/consti_art8.html (1735 words)

	'Lower courts have no say in land reform program' - Jul. 05, 2004 (Site not responding. Last check: 2007-10-21)
		Former Commission on Elections Chair Christian Monsod said in a DAR-sponsored seminar in Bacolod City last week that the lower courts had no authority over co-equal bodies like the DAR and its adjudication board (Darab) when these are acting as quasi-judicial bodies in the land reform program.
		Both justices said there were Supreme Court and Court of Appeals rulings that pointed to the DAR and Darab as the government agencies with exclusive jurisdiction over agrarian and agrarian-related cases.
		DAR Secretary Jose Mari Ponce initiated the seminar, in cooperation with the Supreme Court, the Philippine Judicial Academy and the Canadian International Development Agency, to settle once and for all the issues concerning jurisdiction over agrarian cases between DAR and the lower courts.
	www.inq7.net /nat/2004/jul/05/nat_7-1.htm (525 words)

	Lower courts may have to close down: Madras HC
		The Madras high court on Thursday warned that the lower courts may have to be shut down, and the subordinate judiciary will cease to exist if the Tamil Nadu Government continued to cite fiscal crisis to delay fresh judicial appointments.
		A division bench consisting of Chief Justice B Subashan Reddy and Justice Raviraj Pandian recorded the high court registrar's letter to the state government, and issued a notice on the same.
		Following the court's observations, Advocate General N R Chandran offered to revert on Tuesday on this matter with the government's response.
	in.rediff.com /news/2003/mar/06tn.htm (180 words)

	'HCs monitoring lower courts' -DAWN - National; 09 January, 2005
		In a statement, the minister said the performance was being monitored in line with the guidelines suggested by the government to the high courts for enhancing the performance of the courts, especially that of the lower judiciary.
		The minister said the high courts were monitoring the implementation of these guidelines and some designated model courts had considerably reduced delays.
		Mr Zafar said efforts were also being made to establish separate civil and criminal courts and all the high courts had finalized the criteria and prepared action plans for implementing this initiative.
	www.dawn.com /2005/01/09/nat13.htm (217 words)

	FREE In-depth report - Lower Courts - Poland
		In 1990 the system of lower courts included forty-four district and 282 local courts.
		Thereafter the local courts were to concentrate on minor, routine offenses, and the district courts were to take on more serious cases and consider appeals of local court verdicts.
		To relieve the heavy appeals case load of the Supreme Court, ten regional appeals courts were set up in late 1990 to review verdicts of the district courts.
	www.exploitz.com /Poland-Lower-Courts-cg.php (236 words)

	Judicial Conference of the United States -- Encyclopædia Britannica
		Acting as a body of general oversight and recommendation, the conference studies the workings of different courts, their budgets and workloads, and matters concerning the health and good...
		His primary functions are to preside over the Supreme Court in its public sessions when the court is hearing arguments and during its private...
		court created by the Congress of the United States in 1950 as the highest court for military personnel.
	www.britannica.com /eb/article-9044089 (917 words)

	Part V. Structure and Process of Lower Courts
		Forst, Brian and William M. Rhodes, "Structuring The Exercise of Sentencing Discretion in the Federal Courts," 46 Federal Probation 3-13 (March 1982).
		Kritzer, Herbert, "Political Culture, Trial Courts, and Criminal Cases," in Nardulli (ed.), The Study of Criminal Courts.
		Courts," 70 Journal of Criminal Law and Criminology 89-101 (1979).
	www.criminology.fsu.edu /faculty/gertz/Lower_Courts_V.htm (2575 words)

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