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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 regardi ... [...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 (common law), 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 law, 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 (government title), 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 Examples * Arranged marriages may leave the woman without ''legal recourse''. * Bookies and confidence tricksters to block ''legal recourse''. * Victims of bullying may have ''legal recourse'' in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Constitution Of 1791
The French Constitution of 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 (Champion de Cicé, Archbishop of Bordeaux and Tal ... [...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. Meaning 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 and rule ... [...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. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" ( intransitive) or "appeals" ( transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the appeal has merit), while a British court dispo ... [...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 Constituent National Assembly session on 25 December 1946, in Nanking, and adopted on 25 December 1947. The constitution, along with its Additional Articles, remains effective in ROC-controlled territories. Intended for the entire territory of the 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 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-led government of the Republic of China extra-constitutional powers. Following the ROC government's retreat to Taiwan on 7 December 1949, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Yuan
The Judicial Yuan () is the Judiciary, judicial branch of the Republic of China.''See'' Constitution arts. 77-82, ''available at'' ''See'' Additional Articles of the Constitution art. 5, ''available at'' It functions as the Constitutional Court and oversees the courts of Taiwan, including the ordinary courts such as the Supreme Court of the Republic of China, Supreme Court, High court (Taiwan), high courts, and District court (Taiwan), district courts as well as special courts like administrative, and disciplinary courts. The Judicial Yuan holds the following powers:''See'' Introduction to the Judicial Yuan, ''available at'' * ''Interpretation'' – Acting as the Constitutional Court to interpret the Constitution of the Republic of China, Constitution and other Law of Taiwan, statutes and regulations made by the Government of the Republic of China, central or Administrative divisions of Taiwan, local government. * ''Adjudication'' – Most civil, criminal, and administrative ca ... [...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 and ... 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 lower courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The Republic Of China
The Supreme Court of Taiwan () (also known as the Supreme Court of the Republic of China) is the court of last resort in 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 under Japanese rule, Taiwan became a part of Japan. The Taiwan High Court in this era can be considered the ''de facto'' supreme court in Taiwan, because cases cannot be further appealed to the Supreme Court in Tokyo. After World War II, Japan gave up its sovereignty on Taiwan, and the Supreme Court in the Republic of China government became the highest court of Taiwan's judicial system. The Supreme Court of the Republic of China was originally established as the Ta Li Yuan () in 1909. The government of the Republic of China renamed the Ta Li Yuan to the Supreme Court in 1 ... [...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 (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 or North of Xiaonanmen Station of the Taipei Metro Taipei Me ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Japan
Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea in the south. The Japanese archipelago consists of four major islands—Hokkaido, Honshu, Shikoku, and Kyushu—and List of islands of Japan, thousands of smaller islands, covering . Japan has a population of over 123 million as of 2025, making it the List of countries and dependencies by population, eleventh-most populous country. The capital of Japan and List of cities in Japan, its largest city is Tokyo; the Greater Tokyo Area is the List of largest cities, largest metropolitan area in the world, with more than 37 million inhabitants as of 2024. Japan is divided into 47 Prefectures of Japan, administrative prefectures and List of regions of Japan, eight traditional regions. About three-quarters of Geography of Japan, the countr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Code Of Criminal Procedure Of 1808
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication channel or storage in a storage medium. An early example is an invention of language, which enabled a person, through speech, to communicate what they thought, saw, heard, or felt to others. But speech limits the range of communication to the distance a voice can carry and limits the audience to those present when the speech is uttered. The invention of writing, which converted spoken language into visual symbols, extended the range of communication across space and time. The process of encoding converts information from a source into symbols for communication or storage. Decoding is the reverse process, converting code symbols back into a form that the recipient understands, such as English, Spanish, etc. One reason for coding is to enable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
