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Extraordinary Appeal
An Extraordinary Appeal is a special relief litigation procedure established in several Civil Law Systems, with an aim to correct judicial errors, wrongful convictions, and unifying the interpretation of statutes and regulations. As a general rule, it is designed for the benefit of the defendant. Typically it can only be filed under circumstances where the final court decision in question is unfavorable to the defendant, and the defendant might be eligible for exoneration or sentence reduction due to such appeal. Explanation Normally, no matter how obvious an error is in a verdict or judgement, it cannot be corrected unless either party appeals. Therefore, if the verdict in question is from a supreme court, there would be absolutely no relief due to the lack of a superior court. In order to deal with the possibility of the supreme court making a mistake, extraordinary appeal was introduced as a remedy to correct any finalized court decisions. Although there are no limits regard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Recourse
A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty. * A lawsuit if the issue is a matter of civil law * Contracts that require mediation or arbitration before a dispute can go to court * Referral to police or prosecutor for investigation and possible criminal charges if the matter is a criminal violation * Petition to a legislature or other law-making body for a change in the law if a law is thought to be unjust. * Petition to a president or governor or monarch other chief executive or other official with power to pardon. See also Legal principles * Habeas corpus * Damnum absque injuria, ''loss without injury'' * Arm's length principle * Sovereign immunity. The immunity of state officials or state entities to torts with respect to its subjects. Examples * Arranged marriages may leave the woman without ''legal recourse''. * Bookies and confidence tricksters to block ''legal recourse''. * Victims of bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Constitution Of 1791
The French Constitution of 1791 (french: Constitution française du 3 septembre 1791) was the first written constitution in France, created after the collapse of the absolute monarchy of the . One of the basic precepts of the French Revolution was adopting constitutionality and establishing popular sovereignty. Drafting process Early efforts Following the Tennis Court Oath, the National Assembly began the process of drafting a constitution as its primary objective. The Declaration of the Rights of Man and of the Citizen, adopted on 26 August 1789 eventually became the preamble of the constitution adopted on 3 September 1791. The Declaration offered sweeping generalizations about rights, liberty, and sovereignty. A twelve-member Constitutional Committee was convened on 14 July 1789 (coincidentally the day of the Storming of the Bastille). Its task was to do much of the drafting of the articles of the constitution. It included originally two members from the First Estate ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciaries
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Review
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The Republic Of China
The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC), ratified by the Kuomintang during the session on 25 December 1946, in Nanjing, and adopted on 25 December 1947. The constitution, along with its Additional Articles of the Constitution of the Republic of China, Additional Articles, remains effective in Free area of the Republic of China, ROC-controlled territories. Intended for the entire territory of the Republic of China (1912–1949), Republic of China as it was then constituted, it was never extensively nor effectively implemented due to the outbreak of the Chinese Civil War in mainland China at the time of the constitution's promulgation. The newly elected National Assembly (Republic of China), National Assembly soon ratified the Temporary Provisions against the Communist Rebellion on May 10, 1948. The Temporary Provisions symbolises the country's entering into the state of emergency and granted the Kuomintang-l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Yuan
The Judicial Yuan () is the judicial branch of the government of the Republic of China on Taiwan.''See'' Constitution arts. 77-82, ''available at'' ''See'' Additional Articles of the Constitution art. 5, ''available at'' It runs a Constitutional Court and oversees all systems of courts of Taiwan, including ordinary courts like the supreme court, high courts, district courts as well as special courts like administrative courts and disciplinary courts. By Taiwanese law, the Judicial Yuan holds the following powers:''See'' Introduction to the Judicial Yuan, ''available at'' * ''Interpretation'' – Constitutional Court interprets the Constitution and other statutes and regulations by either the central government or local governments. * ''Adjudicate'' – Most civil, criminal, and administrative cases are adjudicated by the respective courts supervised by the Judicial Yuan. The Constitutional Court adjudicate Presidential impeachment and political party dissolution cases. * '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause icand ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment ( continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to low ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The Republic Of China
The Supreme Court of the Republic of China () is the court of last resort in the Republic of China (Taiwan), except matters regarding interpretation of the Constitution and unifying the interpretation of laws and orders which are decided by the Constitutional Court of the Judicial Yuan. History The court in Taiwan (Formosa) was originally established in 1896, the second year after Taiwan became a part of Japan. The Taiwan High Court at this era, can be considered to be the ''de facto'' supreme court in Taiwan, because the case cannot be further appealed to the Supreme Court in Tokyo. After the second world war, Japan gave up its sovereignty on Taiwan, and the supreme court of Taiwan's judicial system has become the Supreme Court of the Republic of China. The Supreme Court of the Republic of China was originally established as the Ta Li Yuan () in 1909. After the Chinese reunification, the government of the Republic of China renamed the Dali Yuan to the Supreme court in 192 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Prosecutors Office
The Supreme Prosecutors Office () is the highest prosecution authority in the Republic of China, commonly known as Taiwan. Organizational structure * Statistics Office * Accounting Office * Civil Service Ethics Office * Personnel Office * Information Management Office Prosecutor General The Prosecutor General of the Supreme Prosecutors Office is the highest ranking member of the prosecution system. The position is appointed by the president, and must be confirmed by the Legislative Yuan. The position carries a term limit of four years, and the appointee cannot serve consecutive terms. Notably, the prosecutor general has the exclusive authority to file extraordinary appeals. List of prosecutor generals * Huang Shih-ming (- April 2014) * Yen Da-ho (April 2014 - May 2018) * Chiang Hui-min (May 2018 - May 2022) * Xing Tai-Zhao (May 2022 -) Transportation The office is accessible within walking distance South of Ximen Station of the Taipei Metro. See also * History of law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north toward the East China Sea, Philippine Sea, and Taiwan in the south. Japan is a part of the Ring of Fire, and spans an archipelago of 6852 islands covering ; the five main islands are Hokkaido, Honshu (the "mainland"), Shikoku, Kyushu, and Okinawa. Tokyo is the nation's capital and largest city, followed by Yokohama, Osaka, Nagoya, Sapporo, Fukuoka, Kobe, and Kyoto. Japan is the eleventh most populous country in the world, as well as one of the most densely populated and urbanized. About three-fourths of the country's terrain is mountainous, concentrating its population of 123.2 million on narrow coastal plains. Japan is divided into 47 administrative prefectures and eight traditional regions. The Greater Tokyo Ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of overseas regions and territories in the Americas and the Atlantic, Pacific and Indian Oceans. Its metropolitan area extends from the Rhine to the Atlantic Ocean and from the Mediterranean Sea to the English Channel and the North Sea; overseas territories include French Guiana in South America, Saint Pierre and Miquelon in the North Atlantic, the French West Indies, and many islands in Oceania and the Indian Ocean. Due to its several coastal territories, France has the largest exclusive economic zone in the world. France borders Belgium, Luxembourg, Germany, Switzerland, Monaco, Italy, Andorra, and Spain in continental Europe, as well as the Netherlands, Suriname, and Brazil in the Americas via its overseas territories in French Guiana and Saint Martin. Its eighteen integral regions (five of which are overseas) span a combined area of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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