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165 Sentences With "court sitting"

How to use court sitting in a sentence? Find typical usage patterns (collocations)/phrases/context for "court sitting" and check conjugation/comparative form for "court sitting". Mastering all the usages of "court sitting" from sentence examples published by news publications.

After rolling out the banners during the protest, the activists then moved into one corner of the Great Court, sitting and chanting.
The court, sitting in the northern Chilean city of Antofagasta, approved by two votes to one the closure of the polemical project that straddles the Andes Mountains between Chile and Argentina.
His legal team, however, convinced magistrate Phethise Motanyane to refer the matter to the High Court (sitting as the Constitutional Court), because, as Prime Minister, Thabane may have immunity from prosecution.
"The court sitting in Lagos granted an interim order, pending when the banks show cause why the monies should not be (remitted) to the government," the government lawyer told Reuters by phone.
"Dramatically limiting the court's ability to function independently and thoroughly contravenes Poland's (political) system and cannot be tolerated," Judge Stanislaw Biernat said, announcing the ruling at the end of a two-day court sitting.
Banzana Yusuf was sentenced to 20 years in prison by the court sitting at the Kainji military base in Niger, a central Nigerian state this week, Salihu Isah, a spokesman for the justice ministry said.
Hundreds of people jammed the Brooklyn Museum's soaring Beaux-Arts Courtsitting, standing, circulating, conversing — yet that mysterious, characteristically Bang on a Can combination of casualness and focus kept things from ever getting out of control.
Three of the five women who testified at the trial, and gave their own accounts of sexual abuse by Mr. Cosby — Chelan Lasha, Janice Dickinson and Lise-Lotte Lublin — were in court, sitting close to the front.
Indeed, Bulgaria's courts have already passed the test in the United States, where a federal court sitting in Chicago has rejected the contention that Bulgaria is so "corrupt" that it cannot give a defendant a fair shake or administer justice.
NIAMEY (Reuters) - Eighty-one people accused of fighting for Boko Haram went on trial in Niger on Thursday in a public court sitting, one of the first of its kind after closed-door trials of suspected insurgents were criticized by human rights groups.
The European court, sitting as a panel of seven judges, concluded that the prison where Mr. Zubaydah was held in Lithuania was the one identified in the Senate report under the code name Violet, and the prison in Romania where Mr. Nashiri was held was identified as Black.
Ansah said the commission had scrapped the use of constituency tally centres during vote counting and would revert to district centres in line with the court ruling In its ruling, the five-member judges panel of the High Court sitting as the Constitutional Court faulted the use of constituency tally centres, describing them as an illegal arrangement.
His removal was later challenged at the Federal High Court sitting in Uyo, Akwa Ibom State.
The court, sitting as a bench of 5, ruled that under the FTA, damages could only be awarded under tort, and not under contract.
The sentence was overturned in 2013 by a panel of the Sixth Circuit, but was later reinstated 12–4 by the full court sitting en banc.
David F. Bauman is a New Jersey Superior Court judge for Vicinage 9 Criminal Court sitting in Freehold, the county seat of Monmouth County, New Jersey, United States.
In all matters having to do with admiralty, commercial shipping, accidents at sea, and other maritime matters, the Haifa District Court, sitting as the Court of Admiralty, has exclusive statewide jurisdiction.
A dispute about an election may be made by petition to the Supreme Court sitting as the Court of Disputed Returns under the Electoral Act 1992 (Qld). Supreme Court to be Court of Disputed Returns.
Vs. Daniel Smith, et al. / Bagong Alyansang Makabayan, et al. Vs. President Gloria Macapagal-Arroyo, et al. submitted on January 2, 2007, was decided on February 11, 2009, again by the Supreme Court sitting en banc.
27 and an advisory opinion on the International Labour Organization.Hudson (1927) p.30 Despite the reduction of work in 1926, 1927 was another busy year, the Court sitting continuously from 15 June to 16 December, handing down 4 orders, 4 judgments and 1 advisory opinion.
Burlington Northern Railroad Co. v. Woods, 480 U.S. 1 (1987), was a United States Supreme Court case that applied the precedent of Hanna v. Plumer to a conflict between state and federal procedural rules for a federal court sitting in diversity.Yeazell, S.C. Civil Procedure, Seventh Edition.
The High Court has supervisory jurisdiction over all inferior and traditional Courts in Sierra Leone. The High Court consists of the Chief Justice and 9 puisne judges. A High Court hearing is duly constituted by any one judge of the High Court sitting with a jury.
She was an assistant U.S. attorney from 1978 to 1985. A resident of Brielle, New Jersey, Cuff served on the New Jersey Superior Court sitting in Freehold, the county seat of Monmouth County from 1988 to 1994, including the Appellate Division."Monmouth County judge elevated", Asbury Park Press, July 20, 1994.
The Court of Customs and Patent Appeals was a court sitting from 1909 to 1982. Its treatment as an Article I or Article III court is ambiguous; it was originally ruled an Article I court, however it was later ruled an Article III court after Congress amended the law creating it.
After review, the Missouri State Senate passed the new law on March 20, 1913. The act also included a new law to those who are mentally unstable, known as: Guardians and Curators of Insane Persons-Facts Inquires Into by Court Sitting as a Jury. This law was passed on March 18, 1913.
The painting depicts the High Court sitting on Tuesday 29 April 2003 to hear the case Purvis v State of New South Wales . The artist, Robert Hannaford, painted the Full Bench (seven member) hearing. Gageler was arguing the case for the appellant and is shown standing at the lectern addressing the court.
Following ongoing tensions with other members of the judiciary, he resigned as Chief Justice on 1 July 2015. He remained a Judge of the Supreme Court, sitting as a supplemental member of the Queensland Civil and Administrative Tribunal before resigning his commission as a judge altogether with effect from 10 September 2019.
Réjane Laberge-Colas (8 October 19239 August 2009) was a judge of the Quebec Superior Court, sitting in Montreal, and the first woman to serve as a superior court judge in Canada. She was a founder and the first president of the Fédération des femmes du Québec (FFQ). Laberge-Colas was inducted to the Order of Canada in 1997.
Parker was tried at Nottingham Crown Court sitting at Shire Hall, Nottingham starting on Monday 25 July 1864, in front of Mr Justice Blackburn. He was found guilty of wilful murder by the jury.Nottinghamshire Guardian - Friday 12 August 1864 He was condemned to death. His execution was held publicly on the steps of the Shire Hall.
On February 25, 1930, Duffy was appointed as a judge of the Prince Edward Island County Court, sitting in Queens County. Duffy retired from the court on November 2, 1949. In 1906, he married Ethel Mary Eden. A Roman Catholic, Duffy was a member of the Knights of Columbus, at one time holding the post of Grand Master.
After a Federal High Court sitting in Abuja ordered the release of Masaba from detention, he had 18 more children, having a total of 138 ."I've added 18 to my 120 children since I was released from detention", Sunday', Nigeria 17 April 2010. Masaba came into limelight with another super polygamist, Ziona Chana of India in 2011.
Sullivan challenged the subpoena in Connecticut Superior Court. The court ruled, in Sullivan v. McDonald (WL 2054052 2006), that the legislature could only subpoena a sitting Justice in an impeachment proceeding. On appeal, the entire Connecticut Supreme Court recused itself, and the argument was made before the judges of the Connecticut Appellate Court sitting as the Supreme Court.
The original four district court judges elected by Congress were Shelby Corzine, Benjamin Cromwell Franklin, Robert McAlpin Williamson, and James W. Robinson.Raines, at 95; , at 56. Due to delays in the Supreme Court sitting in session, these four judges (along with the first two chief justices) never sat with the Supreme Court.Paulsen, Short History at 248.
On 11 November 2008, a federal Appeal Court sitting in Benin City upheld the ruling of the state's elections petitions tribunal, declaring Oshiomole to be the Governor of Edo State. The decision was based on several voting irregularities. In 2012, he was elected to a second term, winning the elections in a massive landslide. He ended his tenure on 12 November 2016.
Before the implementation of the Courts Act 1971, the appointment of the Vice-Chancellor of the County Palatine was controlled by section 14 of the Administration of Justice Act 1881. From 1973 to 1987, Andrew James Blackett-Ord, a circuit judge held the post. Since then, the office has been held by a Justice of the High Court sitting in the Chancery Division.
In the end, he was the only judge after that date to hold the office independently; after he stepped down in 1987, the office has been held by a Justice of the High Court sitting in the Chancery Division. In a break with tradition he was awarded the Commander of the Royal Victorian Order (CVO) instead of the traditional knighthood when he retired.
In August 2020, the presiding judge of the Rivers State High Court sitting in Port Harcourt, Justice Adolphus Enebeli fixed 9 October 2020 for the delivery of judgment on the murder charges leveled against David-West. In October 2020 David-West was found guilty of murder and attempted murder and was sentenced to death by hanging by Justice Adolphus Enebeli.
6, 8. See also: Bancroft, History of Oregon, Volume II, pp. 161-162. A situation of dual power thus briefly existed, with the (Democratic) majority of the Territorial Legislature and a minority of the Supreme Court sitting in Salem and a (Whig) majority of the Supreme Court and minority of the Legislature sitting in Oregon City.Bancroft, History of Oregon, Volume II, pg. 162.
The court can be constituted by a single judge alone or with a jury. An appeal from the associate judge or from a single judge is heard by the court sitting as the ACT Court of Appeal constituted by three judges. An appeal from the Magistrates Court of the Australian Capital Territory is heard by a single judge. Permanent judges are appointed by the executive.
Under the establishment clause, other students have a right to be free from religious endorsement by the government. Supreme Court Justice Samuel Alito, at the time an appeals court judge, agreed with the district court judge on the matter of the book. However, he dissented that the replacement of the poster inhibited Zachary's right to free expression. The appeals court, sitting en banc, split 6-6.
Wilson v. Sellers, 584 U.S. ___ (2018), is a United States Supreme Court case concerning whether a federal court sitting in a habeas corpus proceeding should "look through" a summary ruling to review the last reasoned decision by a state court. In 1997, a Georgia jury convicted Marion Wilson of murder and sentenced him to death. In December 1999, the Supreme Court of Georgia affirmed on direct appeal.
Under the doctrine of Burford abstention, a federal court sitting in diversity jurisdiction may abstain from hearing the case where the state courts likely have greater expertise in a particularly complex and a unique area of state law which is of special significance to the state, where there is comprehensive state administrative/regulatory procedure, and where the federal issues cannot be decided without delving into state law.
Section 19, Rule 138, Revised Rules of Court. The oath-taking is usually held in May at the Philippine International Convention Center (PICC) with a formal program where all Justices of the Supreme Court, sitting en banc, formally approve the applications of the successful bar candidates. The eight bar examiners are officially introduced to the public. A message to the newly inducted lawyers is delivered by one of the justices.
The Supreme Court granted certiorari, vacated, and remanded in light of an intervening decision in Warner-Jenkinson v. Hilton Davis Chemical Co.. After a decision by the original panel on remand, 172 F. 3d 1361 (1999), the Federal Circuit ordered rehearing en banc, 187 F. 3d 1381 (1999). The court sitting en banc held that claim amendments made for compliance with the Patent Act presented a complete bar to claiming equivalents.
Lord Wilson was called to the Bar in 1967 (Inner Temple), and became a Queen's Counsel in 1987. He was appointed a Recorder the same year. In 1993 he became a bencher and was appointed to the High Court, sitting in the Family Division, and was appointed a knight bachelor. He was appointed to the Court of Appeal in 2005 and was also appointed to the Privy Council.
Graham Haygarth, the meeting's chairman, refused and Brown pulled a revolver and shot Haygarth, killing him. Brown then tried to shoot another director, James Matchett, but the revolver misfired. The other directors ran from the room and Brown shot himself in the head, but failed to kill himself. Brown was tried for murder and sentenced to death on 7 November 1901 at a Supreme Court sitting at Charters Towers Courthouse.
In March 2011, a Federal High Court sitting in Lagos quashed the charges against the Anosikes. A Lagos High Court also cleared Senator Ikechukwu Obiora from being investigated by the police over an alleged issuance of dud cheques to Folio Communications. Later that month another judge failed to uphold the annulment of the charges against the owners. As of April 2011, the print newspaper had still not restarted production.
Coplon's attorney was Archibald Palmer and Gubitchev's was Abraham Pomerantz. Coplon was convicted in two separate trials, one for espionage that began on April 25, 1949 and another for conspiracy along with Gubitchev in 1950. Both convictions were later overturned, in 1950 and 1951 respectively, on appeal. The appellate court, sitting in New York, concluded that while the evidence showed that she was guilty, FBI agents had lied under oath about the bugging.
He pled not guilty to the charges. On October 9th, 2019, a Federal High Court sitting in Abuja, Nigeria ordered the temporary forfeiture of N280M (approximately $800,000) found in his personal and corporate accounts to the Federal Government of Nigeria for fear of its 'dissipation by his cronies' pending the outcome of his trial. Okeke's arrest was followed by the Department of Justice indictment of 80 other persons most of whom were Nigerian nationals.
The First Section of the Court, sitting as a Chamber, found unanimously that there had been violations of Articles 11, 13 and 14 of the Convention. Their judgment was issued on 21 October 2010 and a referral by the Russian government to the Grand Chamber of the Court rejected on 11 April 2011,Press release No. 347, European Court of Human Rights, April 15, 2011 at which point the judgment became final.
New Zealand,See the Senior Courts Act 2016 (NZ), sections 47, 50. South Africa, India, Pakistan, etc. Although possible, a Full Court typically does not involve the participation of all the judges of the court, a practice known in the United States as the court sitting en banc. An example of an exception, where the participation of all the appointed judges is the usual composition for main hearings, is the High Court of Australia.
Walter Edward Gudgeon in 1911 Gudgeon became a judge of the Native Land Court, sitting most notably in the King Country on the Rohe Potae case. He was also made a judge of the Validation Court and a trust commissioner under the Native Lands Frauds Prevention Act 1881. This work enabled him to pursue a long-standing interest in Maori language and history. In 1892 he was one of the founders of the Polynesian Society.
The Court of Appeal of New Zealand is the principal intermediate appellate court of New Zealand. It is also the final appellate court for a number of matters. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court. The Court of Appeal has existed as a separate court since 1862 but, until 1957, it was composed of judges of the High Court sitting periodically in panels.
The land was actually good in the north of the parish. In September and October 1779, an outbreak of dysentery caused about 150 victims in Spézet. Bodies had to be buried without entering the church for fear of contagion, under penalty of a fine of 20 livres. June 24, 1944, ten resistants arrested in Spézet were shot in Lanvénégen after being sentenced to death by the German military court sitting in Le Faouët.
There was some uncertainty as to whether McGlinchey would be extradited immediately or be prosecuted in the south for his offences there first. McGlinchey appealed the decision, questioning the constitutionality of the 1965 Act. This was rejected ex tempore by the court. In O'Donnell's words, thanks to the Attorney General Peter Sutherland "and an unprecedented" court sitting, within 18 hours of his arrest in Clare he was transferred to the RUC at the Killeen border checkpoint.
Ademola Adeleke is a Nigerian politician, He was a Senator representing Osun- west senatorial district until June 2019. He is from the Adeleke family of Ede in Osun State. In the 2018 governorship election in Osun State, Adeleke contested against Gboyega Oyetola of the All Progressive Congress who won the election. On 2 April 2019, A Federal High Court sitting in Abuja invalidated his nomination as the governorship candidate of PDP in the September 22nd 2018 Governorship election.
In June 2015 he acted as Governor of Queensland despite being on sick leave from his normal role as Chief Justice. Carmody resigned as Chief Justice on 1 July 2015 but remained a Judge of the Supreme Court, sitting as a supplemental judicial member of the Queensland Civil and Administrative Tribunal. He was replaced as Chief Justice by Catherine Holmes, who praised his grace in stepping down and promised that she would offer him "whatever help I can give".
Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It has generally arisen for consideration by the High Court sitting in its capacity as the Court of Disputed Returns. It has been reviewed several times, but has not been amended. Following several disqualifications under sub-section 44(i), a new review of the whole section was instituted on 28 November 2017.
They were sacked and arraigned before a Federal High Court sitting in Ibadan, Oyo State, from Tuesday, June 2, 2015, to Thursday, June 4, 2015. They were sacked and imprisoned. In June 2015, President Buhari ordered the EFCC to reopen the $182m Halliburton bribery case following a request by the Federal government of the United States. The U.S government said about $140 million recovered by the government would be repatriated to Nigeria if those involved in the scandal were arrested and prosecuted.
After extended legal battles, on 1 June 2010, an Appeal Court sitting in Abuja declared that the prosecution had failed to establish a prima facie case against Osuji, describing the government's actions as "embarrassing, barbaric and uncivilized" and subsequently quashed all charges against Prof. Osuji. Prof. Osuji holds numerous traditional titles, most notably the Dike Eji-Eje Mba of Mbaise clan. He is married to Dr. (Mrs) Philomena Osuji and they are blessed with two daughters, three sons and six grandchildren.
The trial court, sitting in the Northern District of Illinois, gave judgment for treble damages, as prescribed by § 4 of the Clayton Act. The 7th Circuit reversed on the sole ground that the evidence of damage was not sufficient for submission to the jury, and directed the entry of judgment for respondents non obstante veredicto (notwithstanding the verdict).150 F.2d 877 (7th Cir. 1945) The Supreme Court granted certiorari to determine whether the evidence of damage was sufficient to support the verdict.
Ayo went to court and was able to prove that the returning officers altered the vote tally sheets at more than one polling station. In total, she was able to prove that a total of 1,765 votes had been taken away from her. The correct final tally, according to the evidence was Ayo 61,276 vs Opendi 60,772. The High Court sitting at Mbale on 28 July 2016, ordered that Opendi be kicked out of Parliament and that fresh elections be held.
Mr Femi Fani-Kayode, was discharged and acquitted on 1 July by a Federal High Court sitting in Lagos on the two count charge of money laundering preferred against him by the Economic and Financial Crimes Commission, EFCC. The court held that the EFCC was unable to prove the charges against Fani-Kayode beyond reasonable doubt and consequently acquitted him. In his victory press statement Fani-Kayode changed his name from. Oluwafemi Fani-Kayode to Olufemi Olu-Kayode (meaning the Lord brings joy).
Hulme replied that "hanging the wrong man will not further the ends of justice", and later accepted the jury's acquittal of Cheong. Hulme became very unwell to the end of his term of office and often would only commence court sitting at noon or 1pm. He was put under pressure to retire, but insisted that he be given a pension. He left Hong Kong on leave in early 1859 and in England was offered a handsome pension of £1,500 per annum which he accepted.
The cash remains in the CBN as an exhibit. On December 17, 2009, A Federal High Court sitting in Asaba, Delta State, discharged and acquitted Ibori of all 170 charges of corruption brought against him by EFCC. The EFCC filed a notice of appeal against the December 17, 2009 judgement, and began a new round of investigations on the former governor following a petition by members of the Delta State Elders, Leaders and Stakeholders Forum, which was made available to the public in March 2010.
Caldwell was a native of Champaign County, Ohio. He received his legal education in his native State, being a student under Judge John A. Corwin, who was elected Chief Justice of Ohio in 1851, and was admitted to practice before the Supreme Court at Columbus, Ohio. From there he went to Lexington, Missouri, where he was likewise admitted to practice before the Supreme Court sitting in banc. In 1850, Caldwell set out for California across the plains, arriving in Sacramento on August 12 of that year.
On 23 June 2016, the case was concluded when John Reeves, J. of the Federal Court, sitting in Taroom, approved a consent decree. The judge said that the court order did not grant the Iman native title; instead, it recognised their pre-existing title; and their continuing connection to the land, despite its being 150 years since they were forced into hiding. The same day, Anthony Lynham, Minister for State Development and Minister for Natural Resources and Mines in the Government of Queensland, welcomed the outcome.
On April 8, 1992, the Court of Military Review heard oral arguments, and on December 15, 1992, denied the petition for a new trial and affirmed the findings and sentence. On December 30, 1992, Gray filed a motion renewing his request for funds for an expert investigator and a behavioral neurologist. Gray filed a petition for reconsideration of this decision on January 4, 1993. The Court of Military Review heard oral arguments on the motion for funding on January 21, 1993, and denied the motion for funding and the petition for reconsideration on January 22, 1993. On February 11, 1993, Gray filed a motion and suggestion for reconsideration by the court sitting en banc of the denial of funding, and a motion and suggestion for reconsideration by the court sitting en banc of the decision of December 15, 1992. On March 11, 1993, the court denied both motions and the suggestions for reconsideration en banc, but granted a motion allowing Gray to file a supplemental assignment of errors (XXVIII-LVI). The Government answered this assignment of errors on April 12, 1993. On June 9, 1993, the Court of Military Review again affirmed the findings and sentence.
On 1 April, 2011 a Federal High Court sitting in Yola declared that Tutare was the lawful candidate. The INEC declared Tutare the winner of the April elections with 126,165 votes, ahead of Abubakar Ahmed Rufi of the Congress for Progressive Change (CPC) with 25,900 and Mustapha JH. Gambo of the Action Congress of Nigeria, ACN with 11,816. Following his election, in May 2011 Tutare declared that the state was rich in agricultural, mineral and tourist resources. He promised to deliver good roads, clean water and quality education and health care.
1981) (en banc) (after the Eleventh Circuit was split off from the Fifth Circuit, adopting precedent of Fifth Circuit as binding until overruled by the Eleventh Circuit en banc: "The [pre-split] Fifth followed the absolute rule that a prior decision of the circuit (panel or en banc) could not be overruled by a panel but only by the court sitting en banc. The Eleventh Circuit decides in this case that it chooses, and will follow, this rule."); Ex parte Holt, 19 USPQ2d 1211, 1214 (Bd. Patent App.
In 2009, Ibinabo was charged for manslaughter and reckless driving after she accidentally killed a certain Giwa Suraj in 2006. On March 16, 2016, Ibinabo was sacked as President of the Actors Guild of Nigeria and sentenced to a 5-year jail term by a Federal High Court sitting in Lagos. She was however granted bail in the sum of ₦2 million and two sureties in like sum on April 7, 2016 by a Court of Appeal in Lagos pending the determination of her appeal at the Supreme Court.
Birmingham holds adult male prisoners, serving the Crown Court sitting in Birmingham, Stafford and Wolverhampton and the Magistrates' Courts of Birmingham, Wolverhampton and Cannock. Education and training at Birmingham Prison is provided by NOVUS, part of The Manchester College group. Learning programmes for inmates include basic and key skills, bricklaying, plumbing, painting and decorating, carpentry, joinery, forklift truck training, industrial cleaning, catering, textiles, barbering, information technology, business, creative arts and performing arts. All courses lead to qualifications such as NVQs, and there is the option for further study with the Open University.
A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges.Section 66, Senior Courts Act 1981. Matters heard by a divisional court include some criminal cases in the High Court (including appeals from magistrates' courts and in extradition proceedings) as well as certain judicial review cases. Although often referred to in practice as the Divisional Court, a divisional court is in fact not a separate court or division of the High Court but essentially refers to the number of judges sitting.
The court originated from the old Supreme Court of the Northwest Territories which was replaced by the Supreme Court of Alberta in 1907 (shortly after Alberta became a province in 1905). The new Supreme Court of Alberta comprised a trial division and an appellate division (essentially, brother justices of the Supreme Court sitting en banc with a quorum of three). The second chief justice of Alberta, Horace Harvey, supported an independent appellate court designed only to hear appeals. The Judicature Act enacted these changes in 1919, and it was proclaimed in 1921.
In 2007, Fayemi made his entry into politics by contesting for Governor of Ekiti State. After three and a half years fighting through the legal system, on 15 October 2010 the appeal court sitting in Kwara state declared Fayemi the duly elected Governor of Ekiti State, and marked the end of Olusegun Oni's administration as the then Governor of the state. Daily Trust, a national daily, captured the electoral journey in its editorial, published on Friday, 22 October 2010 under the title, Closure to Ekiti 2007 Governorship Saga.
The Erie case involved a fundamental question of federalism and the jurisdiction of federal courts in the United States. In 1789, the Congress passed a law still in effect today called the Rules of Decision Act (), which states that the laws of a state furnish the rules of decision for a federal court sitting in that state. Thus, a federal court in Texas, hearing a case based on diversity (as opposed to a federal question), has to follow the laws of the applicable state in resolving a case before it.
In May 2015, the National Court (sitting as the Court of Disputed Returns) unseated Arore, finding that he was guilty of bribery during the 2012 election campaign and that his election was consequently null and void. The court ordered a by-election in his seat. The People's National Congress re- endorsed him for the by-election, resulting in criticism from the Papua New Guinea chapter of Transparency International and in the Papua New Guinea Post- Courier. He won the by-election in December 2015 and returned to parliament.
On November 11, 1779, the case was argued before the Supreme Court sitting at Trenton. William Willcocks, attorney for the plaintiffs in error, argued that the decision below should be reversed, in part because "the jury sworn to try the above cause and on whose verdict judgment was entered, consisted of six men only, when by the Laws of the Land it should have consisted of twelve men". He made additional arguments to much the same effect. A curia advisari vult was entered at the close of argument in the case.
Obateru established Obat Oil in 1981. Today, the company has more than 50 gas stations across the six geopolitical zones of Nigeria and the company owns one of the largest tank farms in Africa, a modern storage facility able to store 65 million liters of petroleum products. Obateru appointed his second son, Prince Akinfemiwa Akinrutan, the managing director of the company. In May 2013, a Federal High Court sitting in Abuja ordered his immediate arrest on charges of disobeying a court order, following a suit filed and argued before the court by Barrister Iyke Ukadike.
Roxas was defeated by Makati mayor Jejomar Binay of PDP–Laban by a margin of 727,084 votes. He filed an electoral protest before the Supreme Court of the Philippines, with the Court sitting as the Presidential Electoral Tribunal. On June 7, 2011, Roxas was appointed by President Aquino as Secretary of Transportation and Communications to replace outgoing secretary Jose de Jesus, and he took office on July 4, 2011. Afterwards, on August 31, 2012, President Aquino nominated him as Secretary of Interior and Local Government, replacing Jesse Robredo who died in a plane crash.
The Economic and Financial Crimes Commission ( EFCC) had secured a court mandate to freeze three accounts traced to the former governor of Lagos state. According to Punch " EFCC Secures Freezing Order on Accounts Linked to Ex-Gov. Ambode over Alleged N9.9bn Fraud’, said Justice Chuka Obiozor of the Federal High Court sitting in Ikoyi, Lagos, on Tuesday ordered the freezing of the sum of N9.9bn belonging to the Lagos State Government. The funds are domiciled variously in First City Monument Bank account number 5617984012; Access Bank account number 0060949275; and Zenith Bank account number 1011691254, respectively".
Connecticut National Bank v. Germain, 503 U.S. 249 (1992), was a case in which the Supreme Court of the United States held that an interlocutory order of a district court, sitting as an appellate court in a bankruptcy case, is in turn reviewable by the court of appeals when authorized under 28 U.S.C. § 1292. Although the Justices were unanimous in deciding the specific statutory interpretation issue concerning bankruptcy appeals that the case presented, they disagreed on the extent to which it was appropriate to refer to the legislative history of the statute in resolving the case.
Alongside Harvey, two other judges from the Northwest Territories Court made the transition to the Alberta Court: David Lynch Scott and Arthur Sifton. The latter was appointed the first Chief Justice of Alberta. When Sifton became the Premier of the province in 1910, Harvey was elevated to the position of Chief Justice of Alberta by letters patent issued October 12, 1910. It is important to recognize that when the new Supreme Court of Alberta was formed, it comprised a trial division and an appellate division (essentially, brother justices of the Supreme Court sitting en banc with a quorum of three).
The Supreme Court Justices Council comprises the highest body of court administration in the Republic of Korea. This council is presided over by the Chief Justice, with all of the Justices of the Supreme Court sitting on the Council. The Council has the power to promulgate the rules of procedure for the Supreme Court and lower courts, select judicial precedents for publication, request the budget for the judicial branch, and rule on other matters which are referred to it by the Chief Justice. In addition, the Council is responsible for confirming the nominations of the Chief Justice of judges for the lower courts.
The former Labor Party Prime Minister Bob Hawke had resigned as the member for Wills in 1992. Independent candidate Phil Cleary was declared elected in the 1992 by-election; he had the highest first-preference vote, and an absolute majority of the votes after an initial distribution of preferences. Another candidate, Ian Sykes, challenged the result in the High Court, sitting as the Court of Disputed Returns. If Cleary were to be excluded, on a recount the seat would most likely go to the Labor candidate Bill Kardamitsis or the Liberal candidate John Delacretaz, so Sykes challenged them too.
Klaxon Company v. Stentor Electric Manufacturing Company, 313 U.S. 487 (1941), was a United States Supreme Court case in which the Court applied the choice- of-law principles of Erie Railroad v. Tompkins to conflicts between laws of different states for cases sitting in federal court on diversity jurisdiction. The court held that a federal court sitting in diversity must apply the choice-of-law doctrine of the forum state to choose between the forum state's law and the other state's law (as distinguished from the federal choice-of-law doctrines which had been used before Erie).
However, his presence is a "new fact likely to raise doubts about the guilt of the condemned." The counselor rapporteur of the Committee on Revision published two reports dated 30 June 1998 and 16 July 1998. On 21 June 1999, the board of review of criminal convictions, chaired by Henri Le Gall, found that the evidence adduced was totally unknown to the file of the Court of Assizes of minors in 1989 and can only cast doubt on Patrick Dils' guilt. He agreed to submit the file to the Dils Criminal Chamber of the Supreme Court sitting as a Court of Revision.
The court members consisted of Generalfeldmarschall Gerd von Rundstedt, Generaloberst Heinz Guderian, General der Infanterie Walter Schroth and Generalleutnant Karl-Wilhelm Specht. Additionally, General der Infanterie Karl Kriebel and Generalleutnant Kirchheim were designated standing representatives for members who could not attend a court sitting.[2] Generalmajor Ernst Maisel, Chief of the Office Group for Officers’ Education and Welfare (P 2) of the Army Personnel Office, served as the court protocol officer. Based on evidence provided by the Gestapo (suspects did not appear in person to defend themselves), the court decided whether a suspect was “expelled” or “discharged” from the Army.
The man - in his 20s and from south Armagh - travelled from Northern Ireland to mainland Britain, before boarding a flight to New York City using a British passport. Police in Ireland, Britain and the United States were powerless to prevent the suspect travelling because there was no warrant for his arrest. However, it is known that the suspect therefore failed to show for a court sitting in Ireland for separate offences that took place before the incident in Bellurgan, County Louth. Once the suspect landed in the US, security services were made aware of his presence by the Gardaí.
Following the petitions made by the Changamwe constituents against the manner in which IEBC handled the delimitation of the constituency, the High Court ruled in favor of the people on 9 July 2012. In the ruling carried out by the 5 High court sitting judges, they ordered IEBC to rename Magongo ward as Changamwe ward and move it to Changamwe Constituency; at the same time the IEBC was ordered to move Miritini ward to Jomvu Constituency. Changamwe now has the following county assembly wards: Changamwe ward, Chaani ward, Airport ward, Kipevu ward and Port Reitz ward.
Osunbor was elected Governor of Edo State in Nigeria in April 2007 on the People's Democratic Party (PDP) platform. On 20 March 2008, the Edo State Governorship Election Tribunal declared that Osunbor's election was invalid, and asked the Independent National Electoral Commission (INEC) to withdraw his certificate and declare Adams Aliyu Oshiomhole of the Action Congress (AC) party the winner. On November 11, 2008, a federal Appeal Court sitting in Benin City upheld the ruling of the state's elections petitions tribunal, declaring Oshiomole to be the Governor of Edo State. The decision was based on several voting irregularities.
He chooses not to resign from Parliament in anticipation of the High Court decision. ;24 August 2017 : A directions hearing takes place in the High Court sitting as the Court of Disputed Returns for the cases of Joyce, Canavan, Roberts, Ludlam and Waters.Transcripts: ; The government requests that these cases be heard by the Full Court in early September, but the Court schedules them to be heard over three days from 10 October.The Guardian has provided a running commentary: ;4 September 2017 : The Senate refers the matters of Nash and Xenophon to the High Court as the Court of Disputed Returns.
A House motion to refer several other MPs, from both major parties and from the crossbench, proposed by Opposition and opposed by Government, is lost on a tied vote. Senate establishes a JSCEM inquiry into possible disclosure mechanisms for parts of s 44 other than s 44(i)to overlap with the JSCEM inquiry established by the Government on 28 November. ;8 December 2017 : Directions hearings take place in the High Court sitting as the Court of Disputed Returns for the cases of Parry, Lambie, and Kakoschke-Moore. The Government-established JSCEM inquiry into Section 44 begins public hearings.
Perdue, seeks to prevent local officials and local governments from declaring states of emergency under which private citizens are prohibited from exercising their right to bear arms. Alan Gura, who successfully argued Heller and McDonald before the Supreme Court, is lead counsel in this case. In 2018, the Foundation joined in a lawsuit against Alameda County, which had passed an ordinance that prohibits gun stores from being located within 500 feet of a residential zone. The plaintiffs won before a 3-judge panel of the Ninth Circuit Court, but the decision was reversed by the full appeals court sitting en banc.
Eventually, Amirault was charged with molesting more children, and charges were brought against his mother, Violet Amirault, and sister, Cheryl Amirault LeFave. In 1986, Gerald Amirault was convicted of assaulting and raping nine children and sentenced to 30 to 40 years in prison. In 1987, by a separate trial, his mother and sister were convicted of similar crimes against four children and sentenced to jail for eight to 20 years. At both trials the children testified in open court sitting directly in front of the jury with their backs to the defendants and their faces to the jurors.
The Court also has power of judicial review over the acts of the government and other public bodies, including the decisions of all inferior courts, and decisions made by tribunals of inquiry. The High Court hears all applications for extradition, both under the European Arrest Warrant system and to non-EU member states. Appeals from professional disciplinary bodies under the Nurses Act, Medical Practitioners Act and Solicitors Acts are to the High Court. Any non-criminal judgment or order of the High Court sitting as a court of first instance may be appealed to the Supreme Court save as provided for by statute.
The Judiciary Act of 1789 divided the United States into 13 districts, each district having a court in one of 13 major cities. It also established three circuits or appeals courts—one each in the eastern, central and southern United States. Unlike the modern Supreme Court sitting together in at the capital to decide cases, Supreme Court Justices were required to "ride circuit" or travel to the various circuits, and hear cases and appeals twice each year. Partially due to the heavy burden of travel, Justice Iredell's health failed and he died suddenly on October 20, 1799, in Edenton, North Carolina.
The King's Bench was further divided into two parts: the Crown side, which had an unlimited criminal jurisdiction, both at first instance or as a court to which legal questions arising out of indictments in other courts could be referred; and the plea side, which dealt with actions of trespass, appeals of felony, and writs of error. The Lord Chief Justice of the King's Bench was also styled Lord Chief Justice of England, being the highest permanent judge of the Crown. The King's Bench became a fixed court sitting in Westminster Hall. Its justices travelled on circuit (a requirement of Magna Carta).
Magistrates deal with less serious criminal cases, such as minor theft, criminal damage, assaults, public disorder and motoring offences. All magistrates sit in adult criminal courts as "benches" of three (occasionally two), mixed in gender, age and ethnicity whenever possible to bring a broad experience of life to the bench. All three members of the bench have equal decision-making powers but only the chairman speaks in court and presides over proceedings. A qualified legal adviser, also known as the court clerk, sits with the bench in the court room and is available to them at all times during the court sitting.
The village, with the help of Rebuilding Alliance, hired an Israeli attorney to petition the Israeli Supreme Court for a lifting of the Demolition Orders and for initiating a land-use plan that will answer the population's needs. The petition was filed in January 2004, and the court issued a Temporary Restraining Order staying further demolitions pending the outcome of the case. On April 17, 2008, after four years of negotiations, the Supreme Court - sitting as a High Court of Justice (HCJ) - finally heard the case. None of the village residents was allowed to attend the hearing in the Supreme Court in Jerusalem.
Butterfield also practiced criminal law. In summer 1843, Joseph Smith, the head of the Church of Jesus Christ of Latter Day Saints, asked Butterfield to defend him in federal court. The Nauvoo leader had been arrested by Missouri peace officers on a variety of charges related to the Mormons' time in that state some years earlier; in order to avoid extradition and possible lynching, Butterfield asked a federal court sitting in Illinois to grant habeas corpus to Smith. When Judge Nathaniel Pope granted this motion, Smith and his lawyer made a spectacular appearance in a Springfield, Illinois courtroom.
On 12 November 2008, a Federal High Court sitting in Maitama, Abuja ordered the release of Masaba from detention in Minna Prison with immediate effect. The trial high court judge, Justice G.O. Kolawole attached no condition to his release. The judge also ordered the Inspector General of Police, Mr Mike Okiro, to ensure the protection of Masaba's fundamental rights to life, liberty and privacy, as enshrined in the 1999 constitution of Nigeria, through the Niger State Commissioner of Police. Masaba returned to his hometown, Bida, on 13 November 2008.Nigeria: Court Frees Masaba, All Africa Global Media (all Africa), 13 November 2008.
The court consists of a president and sixty-three judges. Although, strictly speaking, there is just one District Court, in reality for the purposes of the administration of justice the country is divided into a Dublin Metropolitan District (covering the same area as the Garda Síochána's Dublin Metropolitan Area) and 25 District Court areas. At least one judge is assigned to each District Court area and a significant number of judges are normally assigned to the Dublin Metropolitan District. The District Court sitting in a particular location is normally referred to as (name of town) District Court, e.g.
Israel disagreed with the ruling, but its supreme court subsequently ordered the barrier to be moved in sections where its route was seen to cause more hardship to Palestinians than security concerns could motivate.At Israeli Barrier, More Sound Than Fury (The New York Times, 8 October 2005) The Supreme Court of Israel ruled that the barrier is defensive and accepted the government's position that the route is based on security considerations.The Supreme Court Sitting as the High Court of Justice Beit Sourik Village Council vs. The Government of Israel and Commander of the IDF Forces in the West Bank.
Allstate Ins. Co, 517 U.S. 706, 727 (1996) Burford abstention is closely related to Thibodaux abstention, derived from Louisiana Power & Light Co. v. City of Thibodaux, 360 U.S. 25 (1959), which occurs when a federal court sitting in diversity jurisdiction chooses to allow a state to decide issues of state law that are of great public importance to that state, to the extent that a federal determination would infringe on state sovereignty. Unlike the abstention doctrines raised in federal question cases, there is a strong presumption that federal courts should not apply Burford or Thibodaux Abstention.
The Illinois Appellate Court, sitting as a three-judge panel, rejected the appeal in December 2014, saying that Jacobson was "[a]lready a well-known local personality and high-profile reporter", that she drew further public spotlight during the period after Lisa Stebic's disappearance, and that her closer involvement with the family "invited scrutiny of her methods". The appellate court also said that the different ruling in the earlier court, claimed by Jacobson, was not actually the statement made by that court. Jacobson petitioned the Illinois Supreme Court, but was denied leave to appeal on January 28, 2015.
Arnold von Winkelried became a hero in the Swiss struggle for independence when he sacrificed himself at the Battle of Sempach in 1386. The earliest known non- military suicide attack occurred in Murchison in New Zealand on 14 July 1905. A long-standing dispute between two farmers resulted in a court case, and the defendant (Joseph Sewell) had sticks of gelignite strapped to his body. When Sewell excitedly shouted during the court sitting about the other farmer "I'll blow the devil to hell, and I have enough dynamite to do just that", he was ushered out of the building.
She was appointed a New York City Criminal Court judge by former Mayor Rudolph Giuliani and then a judge of the New York Court of Claims by Governor George Pataki. As a Court of Claims judge, she served as an Acting Justice of the New York State Supreme Court, sitting in Brooklyn and Manhattan. She was the first Hispanic woman to serve as a state judge in New York. She was an assistant district attorney of the Office of the Special Narcotics Prosecutor in the Bronx County District Attorney's Office from 1981 to 1987 and then in the New York County District Attorney's Office from 1987 to 1995.
Morris began her tenure as justice in South Pass City in 1870 by arresting Stillman, who refused to hand over his court docket. Ultimately, Morris dismissed her own case with a ruling that she as an interested party did not have the authority to arrest Stillman, according to author Lynne Cheney. Morris began anew with her own docket, holding court sitting on a wood slab in the living room of her log cabin. Cheney notes: > When the lawyers who appeared in her court tried to embarrass her with legal > terms and technicalities, she admitted her lack of training but was quick to > let them know just whose court they were in.
A five-justice panel determines how appeals to the Montana Supreme Court are reviewed by the court, such as for full oral argument before the court sitting en banc, or to be decided purely on the briefs submitted to either the court en banc or to a five-justice panel. The court’s annual calendar was previously divided into four terms, but legislation effective January 6, 2006 changed this to one term, beginning on January 1 of each year. The Chief Justice may also call a special term at any time. Oral arguments are held before the court every month of the year except July and August.
Most civil trials in Scotland are conducted in the Sheriff Court by a Sheriff sitting alone. In the Court of Session, a judge in either the outer or inner house usually sits alone; but however may sit with a jury in certain trials such as personal injury claims. See: Trial by jury in Scotland Summary criminal trials are conducted by a Sheriff in the Sheriff Court or a Justice of the Peace in the Justice of the Peace Court sitting alone as regulated by the Criminal Procedure (Scotland) Act 1995. Those trials requiring juries are called solemn procedure and are also regulated under the aforementioned Act.
In June 2008, Odili defended his record before the Rivers State Truth and Reconciliation Commission, denying the charges that had been made against him. As of December 2007, the office of Attorney General then headed by Michael Aondoakaa had refused to file any defense in court against Odili's claim that the EFCC was not authorized to investigate his administration. In March 2008, a Port Harcourt court ruled that the EFCC could not investigate state finances. In September 2009, a Federal High Court sitting in Abuja issued an interim injunction stopping the EFCC from arresting, detaining, prosecuting or embarrassing Odili over a N189m bank debt.
Originally, appeals from all of Southern California (including the San Joaquin Valley) were heard by the state supreme court sitting in Los Angeles, and then the Second District took over most of that caseload when it was created in 1904. Lawyers from the rest of Southern California outside of Los Angeles County grew tired of having to travel hundreds of miles to and from Los Angeles just to argue appeals. They lobbied for the creation of a Fourth District that would sit at locations closer to them. Three state senators from San Diego, Fresno and San Bernardino orchestrated the creation of the Fourth District in 1929.
The extradition hearing took place on 7–8 and 11 February 2011 before the City of Westminster Magistrates' Court sitting at Belmarsh Magistrates' Court in London. Assange's lawyers at the extradition hearing were Geoffrey Robertson QC and Mark Stephens, human rights specialists, and the prosecution was represented by a team led by Clare Montgomery QC. Arguments were presented as to whether the Swedish prosecutor had the authority to issue a European Arrest Warrant, the extradition was requested for prosecution or interrogation, the alleged crimes qualified as extradition crimes, there was an abuse of process, his human rights would be respected, and he would receive a fair trial if extradited to Sweden.
"Ball, David John, 79 N.Y.U. L. Rev. 990 (2004), Toss the Travaux – Application of the Fourth Geneva Convention to the Middle East Conflict – A Modern (Re)Assessment The International Court of Justice subsequently reaffirmed the right of the Palestinian people to self-determination and the prohibition under customary and conventional international law against acquisition of territory by war. The Israeli Supreme Court, sitting as the High Court of Justice, cited a case involving the disengagement from Gaza and said that "The Judea and Samaria areas are held by the State of Israel in belligerent occupation. The long arm of the state in the area is the military commander.
The High Court, sitting as the federal Court of Disputed Returns on a reference from the Senate, reviewed the Australian and prior English history of the term "office of profit" and determined unanimously that Martin was not ineligible by reason of s 44(iv), there not being a sufficient degree of ministerial control over the tenure or conduct of the office of mayor. Martin was the second-listed candidate for the Jacqui Lambie Network party in Tasmania. When found to be eligible, he could have stepped down, creating a casual vacancy to which Lambie could have been appointed. He refused to step down and was expelled from the party for disloyalty.
The lynching was widely viewed in Nigeria and the rest of the world. The crime further exposed the "jungle justice" or "mob justice"' which was still prevalent in Nigeria, as well as exposed some loopholes in Nigeria's law enforcement system. Several people were arrested in connection with the crime. On July 31 2017, 4 years and 9 months after the horrid incident, a Rivers State High Court sitting in Port Harcourt sentenced to death a Police Sergeant, Mr. Lucky Orji, David Chinasa Ogbada and Ikechukwu Louis Amadi, (aka Kapoon) for their active involvement in the murder of the four students of University of Port Harcourt.
"Part the First: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts" consists of thirty articles. The first states: This article was the subject of a landmark case in 1781 before a Massachusetts court sitting in Great Barrington, Brom and Bett v. Ashley. Elizabeth Freeman (whose slave name was "Bett"), a black slave owned by Colonel John Ashley, sued for her freedom based on this article. The jury agreed that slavery was inconsistent with the Massachusetts Constitution and awarded Freeman £5 in damages and her freedom. A few years later, Quock Walker, a black slave, sued his master for false imprisonment; the jury found for Walker and awarded him damages of £50.
Frank Morris Murder: SDG formed just weeks before Edwards murder in '64 Seale was convicted on June 14, 2007 by a federal jury on one count of conspiracy to kidnap two persons, and two counts of kidnapping where the victims were not released unharmed. He was sentenced on August 24, 2007, to three life terms for his part in the 1964 murders of the two Mississippi teens. In 2008, Seale's kidnapping conviction was overturned by a panel of the United States Court of Appeals for the Fifth Circuit, before being reinstated by that court sitting en banc the following year. He was incarcerated at the Federal Correctional Institution (FCI) in Terre Haute, Indiana, where he died in 2011.
On 30 November 2018, the Kuala Lumpur High Court, sitting as an election court, has nullified Sivarraajh's 2018 general election victory in Cameron Highlands, for the offence of vote-buying and corrupt practices committed to induce voters. DAP candidate M. Manogaran's election petition, had proven beyond reasonable doubt that money was given to voters during the campaign period. The Orang Asli leaders (Tok Batins) testified that BN candidates for the Cameron Highlands parliamentary and Jelai state seats gave a total of RM2,100 to six Tok Batins, in seeking their support few days before polling day. The Tok Batins also said they were given RM200 as “duit rokok” (cigarette money) during the 12-day campaign period.
A native title claim was lodged in 2016 by the Central Land Council, as there were mining interests in area covered by Wave Hill Station's pastoral lease. On 8 September 2020, the Federal Court of Australia recognised the native title rights of the Gurindji people to of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with the land "at least since European settlement and probably for millennia". The court sitting took place nearly south of Darwin, and descendants of Lingiari and others involved in the walk-off celebrated the determination.
Sinclair Refining Co. v. Jenkins Petroleum P. Co., . Procedure in the early federal courts was rather incoherent. The Process Act of 1792 authorized the federal courts to write their own procedural rules for everything but actions at law. In the context of actions at law, the earlier Process Act of 1789 was so poorly written that it forced a federal court sitting in a state to apply the common law rules of pleading and procedure that were in effect in the state at the time it joined the Union, regardless of whether the state had modified or revised its civil procedure system since.Charles Alan Wright and Arthur R. Miller, Federal Practice and Procedure, 3rd ed.
Despite the accusations of nepotism that greeted his appointment on January 3, 1903, Sifton fast became a well-respected judge. He served as chief justice of the Northwest Territories until September 16, 1907, when the Supreme Court of Alberta was established, whereupon he headed this new court, sitting in Calgary as the first Chief Justice of Alberta. He was notoriously difficult for barristers to read: he generally heard arguments expressionlessly smoking a cigar, and it was as a judge that he first acquired his long-time nickname of the Sphinx for his inscrutability. In one trial, he sat apparently vigorously taking notes during both sides' lengthy closing arguments and, once they concluded, immediately delivered his judgment.
On 2 March 2006, pursuant to a petition filed under Article 184(3) of the Constitution of Pakistan, the Supreme Court sitting en banc ordered the Pakistan Telecommunications Authority (PTA) and other government departments to adopt measures for blocking websites showing blasphemous content. The Court also ordered Attorney General Makhdoom Ali Khan to explore laws which would enable blocking of objectionable websites. In announcing the decision, Chief Justice Iftikhar Muhammad Chaudhry, said, "We will not accept any excuse or technical objection on this issue because it relates to the sentiments of the entire Muslim world. All authorities concerned will have to appear in the Court on the next hearing with reports of concrete measures taken to implement our order".
When Sewell excitedly shouted during the court sitting, "I'll blow the devil to hell, and I have enough dynamite to do just that", he was ushered out of the building. Sewell detonated the charge when a police officer tried to arrest him on the street, and his body was blown to pieces; no one else died from the explosion. Murchison was the epicentre of the 1929 Murchison earthquake, which resulted in the deaths of 17 people, making it the third deadliest earthquake in New Zealand's recorded history. Murchison County existed until the 1989 local government reforms, when the Tasman District was formed through the amalgamation of the Murchison County, Golden Bay County, Waimea County and Richmond Borough administrative areas.
On 25 October 1966, after resolutions in both Houses of Parliament, the Secretary of State for Wales formally appointed a tribunal to inquire into the disaster. Before the tribunal began, Elwyn Jones, the Attorney General, cautioned the media that commenting on matters to be investigated by the tribunal could lay them open to the same consequences as contempt of court. Sitting alongside Lord Justice Davies on the inquiry were the civil engineer Harold Harding and Vernon Lawrence, the former Clerk to the Monmouthshire County Council. The inquiry had an initial public meeting on 2 November 1966 and took evidence in public for 76 days, spread over the next five months; during that time 136 witnesses testified.
Ladele made an application to the European Court of Human Rights following the Court of Appeal's decision, claiming that the United Kingdom had discriminated against her on the basis of her religion, contrary to Article 14 taken together with Article 9 of the Convention. She did not argue that her right to freedom of religion had itself been infringed. Her case was joined with those of three other applicants who had brought similar claims against the UK, and the Court, sitting as a Chamber, delivered judgment in the case of Eweida v United Kingdom [2013] ECHR 37. The Court dismissed her complaint, although two out of the seven judges dissented and would have upheld her complaint.
He was initially elected for the People's Progress Party at the July 2012 general election, defeating National Alliance Party MP and former minister Tony Aimo. In August 2012, Aimo challenged the result in the National Court (sitting as the Court of Disputed Returns), claiming that Anisi was under the constitutionally required age of 25 and that he was not on the electoral roll at the time of the election. The editor of newspaper The National was charged with contempt of court for their coverage of the case while it was pending judgment. The court ruled in Aimo's favour on 24 October, upholding both arguments and finding that Anisi had doctored his birth certificate.
The decree appealed from was the decree of the supreme court, and the court, while sitting in special term, was still the supreme court, and, as such, capable of allowing an appeal to this Court from one of its final decrees, though rendered at general term. As the general term had closed, it was quite proper to apply to the court sitting in special term for the allowance of the appeal. The allowance by the court while in session at special term would not do away with the necessity of a citation because the allowance would not have been made at the same term in which the decree was rendered. Yeaton v.
On 24 September Ellis's case, along with the case of one of the former OiNK members charged with copyright infringement, were referred to the Crown Court sitting at Middlesbrough, with the next hearing scheduled for 2 October 2008 but the conspiracy to defraud case was adjourned until 14 November 2008 at Teesside Crown Court. It was then adjourned again until 12 December, then 23 March 2009, then 15 May 2009, and once again until 25 September 2009. In December 2008 four of the former OiNK members pleaded guilty at Teesside Crown Court, where they were charged with copyright infringement offences. Three were sentenced to a total of 330 hours of community service and court costs of £378 each; the other fined £500.
Ngeh practised as a lawyer with Nga Hock Cheh and Co. (no relation) in Sitiawan before starting his own law firm, Ngeh and Co, which is headquartered in Ayer Tawar, with branches in Ipoh, Perak and Kuala Lumpur. In one of his more famous cases during his legal career, Ngeh Koo Ham represented Sitiawan businessman Yong Kon Fatt, who was sued by Indah Water Konsortium Sdn Bhd (IWK) in January 2005 for refusing to pay RM1,074 for sewerage services purportedly provided to his house at Taman Samudera in Lumut. The High Court sitting in Ipoh ruled that 'those who have made payments to IWK but had not received any sewerage services could demand refunds'.Prove, to collect, Property Times, 17 April 2004.
A native title claim was lodged in 2016 by the Central Land Council on behalf of the traditional owners, as there were mining interests in area covered by Wave Hill Station's pastoral lease. On 8 September 2020, the Federal Court of Australia recognised the native title rights of the Gurindji people to of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with the land "at least since European settlement and probably for millennia". The court sitting took place nearly south of Darwin, and descendants of Lingiari and others involved in the walk-off celebrated the determination.
A native title claim was lodged in 2016 by the Central Land Council on behalf of the traditional owners, as there were mining interests in area covered by Wave Hill Station's pastoral lease. On 8 September 2020, the Federal Court of Australia recognised the native title rights of the Gurindji people to of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with the land "at least since European settlement and probably for millennia". The court sitting took place nearly south of Darwin, and descendants of Lingiari and others involved in the walk-off celebrated the determination.
The Israeli Supreme Court (sitting as "High Court of Justice") in the case of Palestinian petitioners against the Government of Israel determined that the government must find an alternative route to lessen the effect on the rights of the resident Palestinian civilians. The petition to the court was submitted on behalf of five villages that are currently trapped in an enclave created by the existing route of the barrier. The court also ruled that the Advisory Opinion issued by the International Court of Justice in The Hague (which relates to the legal status of the barrier) is not legally binding in Israel. The ruling is the second principled ruling regarding the route of the separation barrier (the first was a ruling on the case of Beit Sourik).
A native title claim was lodged in 2016 by the Central Land Council on behalf of the traditional owners, as there were mining interests in area covered by Wave Hill Station's pastoral lease. On 8 September 2020, the Federal Court of Australia recognised the native title rights of the Gurindji people to of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with the land "at least since European settlement and probably for millennia". The court sitting took place nearly south of Darwin, and descendants of Lingiari and others involved in the walk-off celebrated the determination.
A claim was lodged in 2016 by the Central Land Council on behalf of the Gurindji peoples in the area, as there were mining interests in area covered by Wave Hill Station's pastoral lease. On 8 September 2020, the Federal Court of Australia recognised the native title rights of the Gurindji people to of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with the land "at least since European settlement and probably for millennia". The court sitting took place nearly south of Darwin, and descendants of Vincent Lingiari and others involved in the Wave Hill walk- off celebrated the determination.
Judges of the Land and Environment Court of New South Wales and judges sitting in the Workers' Compensation Court of NSW and the Dust Diseases Tribunal of New South Wales wear the same court dress as a judge of the Supreme Court sitting civilly. Judges of the district or county courts of the states of Australia wear court dress similar to that worn by judges of the County Court of England and Wales. Stipendiary Magistrates and justices of the peace do not robe, other than in NSW where they have worn a black robe over normal business attire since 2005. Barristers in all Australian jurisdictions, when required to do so, wear court dress similar to that worn in the United Kingdom.
The rental payments from the Commonwealth were to be paid into an account controlled by Day. The High Court, sitting as the Court of Disputed Returns, convened a preliminary hearing before Gordon J, whose judgment delivered on 27 January 2017 made numerous findings of fact.Re Day [2017] HCA 2 (Gordon J). The case was heard on 7 February by a full court of the High Court, which delivered its judgment on 5 April. The Court found that, since at least 26 February 2016–the day that the building's owner first directed that the rental payments go to Day's bank account–Day had had an "indirect pecuniary interest" in an agreement with the Commonwealth, and thus was in violation of section 44(v).
Another question in the case was whether the High Court, sitting as the Court of Disputed Returns, had jurisdiction to hear the case. Hill argued that because of the structure of the Commonwealth Electoral Act 1918, the court could not hear the case. She argued that elections could not be disputed by petition if the dispute was about the eligibility of a candidate, as another provision of the Act meant that it would require a resolution of the relevant house of Parliament, the Senate in this case. The Government argued that the sections of the Act dealing with disputation by petition encompassed any question about the validity of an election, including the eligibility of a candidate, and that the sections should be interpreted broadly.
The Court of Disputed Returns in Australia is a special jurisdiction of the High Court of Australia. This jurisdiction was initially established by Part XVI of the Commonwealth Electoral Act 1902 and is now contained in Part XXII of the Commonwealth Electoral Act 1918. The High Court sitting as the Court of Disputed Returns hears challenges regarding the validity of federal elections (challenges regarding the validity of State elections are heard by the Supreme Court of that State as the State's Court of Disputed Returns). The jurisdiction is twofold: (1) on a petition to the Court by an individual with a relevant interest or by the Australian Electoral Commission, or (2) on a reference by either house of the Commonwealth Parliament.
Prior to 1998 the Electoral Act permitted matters to be referred to a State Supreme Court, however the High Court had never done so. The matter was considered by Brennan J in 1996 who held that the trial cannot be severed into parts, one part being determined by the High Court, the other part being determined by the Supreme Court.. The Electoral Act was then amended to provide that the Federal Court could determine part of the issue. Various matters have been referred to the Federal Court, however on each occasion the petition has been dismissed......... In 2009 a Full Court of the Federal Court confirmed that there is no appeal from a decision of the Federal Court sitting as the Court of Disputed Returns..
There are six courts, one in each of Israel's districts: Jerusalem (also has extra jurisdiction of extra territorial matters), Tel Aviv, Haifa, Center (in Petah Tikva), South (in Beer-Sheva), and North (in Nazareth). The Israeli Supreme Court (Beit Mishpat Elyon) mostly hears appeals from the District Court but also sits as the High Court of Justice and as such hears administrative cases not under the jurisdiction of the District Courts. Many political cases and cases of international interest are heard by the Supreme Court sitting as the High Court of Justice. The Labour Tribunals (Batei Ha'din Le'avoda) hears all cases where the parties are employer and employee, all cases against the National Insurance Institute and some other socially oriented matters.
Scottish Court Service website Leave to appeal is granted by a Lord Commissioner of Justiciary in chambers under sections 106 and 107 of the Criminal Procedure (Scotland) Act 1995 when a person is convicted in solemn procedure in either the High Court or sheriff courts, with the High Court sitting as the Appeal Court. Appeals against convictions or sentence in summary procedure heard in sheriff courts and justice of the peace courts are now heard by the Sheriff Appeal Court. However, referrals on points of law may be heard in the High Court from the Sheriff Appeal Court with the permission of the High Court. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.
The majority judgment, though authored by Mogoeng's usual ally, Jafta J, describes this "unprecedented" allegation as "misplaced and unfortunate"; and Froneman J was motivated to write a judgment of his own, saying that Mogoeng's characterisation of the majority's position "does nothing to further the debate". The EFF was highly critical of Mogoeng's judgment, as well as his conduct at the court sitting when the judgment was delivered: Mogoeng had interrupted Jafta J, mid-delivery, to insist that he read out his (Mogoeng's) judgment in full. The EFF described this as an "abuse of power" and an "unacceptable" show of disrespect to a fellow judge. It also insinuated that, as a result of being "over-celebrated", Mogoeng had become "a monster".
Burford abstention, derived from Burford v. Sun Oil Co., 319 U.S. 315 (1943), allows a federal court sitting in diversity jurisdiction to abstain where the state courts likely have greater expertise in a particularly complex area of state law (the case itself dealt with the regulation of oil drilling operations in Texas). Burford allows a federal court to dismiss a case only if: # The case presents "difficult questions of state law bearing on policy problems of substantial public import whose importance transcends the result in the case then at bar," or # The adjudication of the case in a federal forum "would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern."Quackenbush v.
This error (separate to the invoice fraud) was discovered in 2010 but he had refused to pay back the money. When Callely was asked by the Department of Transport to make proposals for repayment on a goodwill basis, he replied that due to the need to devote his energy to other proceedings he was not in a position to deal with the issue at that time. In May 2016 a bench order was again issued for Callely's arrest, when he failed to attend a court sitting relating to non-payment of a debt. It was subsequently reported on Tuesday 17 May that Callely had already made arrangements to pay this debt and therefore did not need to appear in court.
Richards v. Mackall, 113 U.S. 539 (1885), was an appeal from the Supreme Court of the District of Columbia to the High Court on whether or not an appeal from that Court to this Court may be allowed by that Court sitting in special term.. Chief Justice Waite delivered the opinion of the Court. :[Filed July 8, 1884] :SUPREME COURT OF THE DISTRICT OF COLUMBIA :Brooke Mackall, Jr.v. 8,118 Eq. Alfred Richards et al. :And now comes the said defendant, Alfred Richards, and appeals to the Supreme Court of the United States from the decree of the general term passed July 5, 1884, in the above cause against him. :WM. B. WEBB for defendant, Richards :The above appeal is allowed this 8th day of July 1884.
For hundreds of years, mining of the Forest of Dean Coalfield and iron reserves has been regulated through a system of Freemining, with the Free Miner's Mine Law Court sitting at the Speech House from 1682. The earliest known existing copy of Dean Miners’ Laws and Privileges, known locally as the Book of Dennis, dates from 1610 but the copy itself contains references to much earlier origins. It also claims that Freemining rights were granted to Foresters by Edward I who, in so doing, also confirmed that such 'customes and franchises' had existed since 'tyme out of mynde'. Freeminers had been instrumental in recapturing Berwick-upon-Tweed several times (1296, 1305 and 1315) and it is thought that these privileges were granted as a reward for their endeavours.
The chief justice divided cases evenly between the panels and also decided which cases would be heard en banc by the Court sitting as a whole. San Francisco at the Earl Warren Building and Courthouse, which it shares with the Court of Appeal for the First District After a constitutional amendment in 1966, the Court currently sits "in bank" (en banc) (all seven together) when hearing all appeals. When there is an open seat on the court, or if a justice recuses himself or herself on a given case, justices from the California Courts of Appeal are assigned by the chief justice to join the court for individual cases on a rotational basis. The procedure for when all justices recuse themselves from a case has varied over time.In a 1972 case, Mosk v.
In 2013 the American Civil Liberties Union filed suit on behalf of three Rowan county residents against the county commission's practice of starting their meeting with sectarian prayers by the commissioners instructing attendees to stand and join in. A federal district court issued an injunction forbidding the county commissioners from praying at their meetings.. After a divided panel of the United States Court of Appeals for the Fourth Circuit found that the prayers did not violate the Establishment Clause of the United States Constitution, the full court sitting en banc disagreed and affirmed the injunction. The Supreme Court of the United States then denied review, over the written dissent of two justices.. In 2019, the county was forced to pay $285,000 to the ACLU for the plaintiffs' legal fees.
It first, however, formally requested for Judge Pine to stay his order and permit the government to resume control of the plants, ending the strike by the Steelworkers, but Judge Pine declined to do so. The government then applied for a stay in the D.C. Circuit. The Court, sitting en banc, granted the government's request for a stay by a 5–4 vote on April 30 and denied a motion for reconsideration by the steel companies that sought to amend the stay order to bar the government from increasing wages by the same margin the next day. The stay granted by the Court of Appeals was conditioned, however, on the government's filing of a petition for certiorari by May 2, 1952, and lasted only until the Supreme Court acted on that petition.
At the time of Culleton's nomination and election, he had been convicted for the New South Wales offence but had not been sentenced. A former colleague lodged a petition with the High Court (sitting as the Court of Disputed Returns), claiming that Culleton was not able to nominate for the election as he was convicted and awaiting sentence in New South Wales at the time of the election. Subsequently, the Australian Government asked the Senate to also refer the matter to the High Court; the reference included a request to determine what should be done if Culleton's seat were found to be vacant. The primary issues before the High Court concerned the effect of the subsequent annulment of Culleton's conviction and whether Culleton was subject to be sentenced to a term of imprisonment for one year or longer.
As the court of last resort for the District of Columbia, the Court of Appeals is authorized to review all final orders, judgments, and specified interlocutory orders of the associate judges of the Superior Court of the District of Columbia, as well as decisions of certain D.C. agencies. The court also has jurisdiction to review decisions of administrative agencies, boards, and commissions of the District government, as well as to answer questions of law presented by the Supreme Court of the United States, a United States court of appeals, or the highest appellate court of any state. As authorized by Congress, the court reviews proposed rules of the trial court and develops its own rules for proceedings. Cases before the court are determined by randomly selected three-judge divisions, unless a hearing or rehearing before the court sitting en banc (with all judges present) is ordered.
A hearing or rehearing before the court sitting en banc may be ordered by a majority of the judges in regular active service, generally only when consideration by the full court is necessary to maintain uniformity of its decisions, or when the case involves a question of exceptional importance. The en banc court consists of the nine judges of the court in regular active service, except that a retired judge may sit to rehear a case or controversy if he or she heard the original hearing. The Chief Judge may designate and assign temporarily one or more judges of the Superior Court of the District of Columbia to serve on the District of Columbia Court of Appeals when required. District of Columbia Court of Appeals Associate Judge Kathryn A. Oberly observes as Secretary of State Hillary Clinton is sworn to office, while Bill Clinton holds the Bible.
On October 9th, 2019, a Federal High Court sitting in Abuja, Nigeria ordered the temporary forfeiture of N280M (approximately $800,000) found in his personal accounts to the Federal Government of Nigeria for fear of its 'dissipation by his cronies' pending the outcome of his trial. On June 18, 2020, the Department of Justice released a statement stating that Okeke had pled guilty to the charges against him. In the Statement of Facts submitted to the U.S. District Court for the Eastern District of Virginia by his attorneys, Okeke stated that his participation in the events for which he was charged was "undertaken knowingly, intentionally and unlawfully and not as a result of an accident, mistake or other innocent reason." In his plea agreement, he also waived his right to appeal and agreed to forfeit “all interests in any fraud- related assets.” He will be sentenced on October 22, 2020.
On 27 October 2017, the High Court, sitting as the Court of Disputed Returns, considered issues raised by the Senate referring to Section 376 of the Commonwealth Electoral Act. The primary issues of contention were the timing of Hughes' appointment to the Australian Administrative Appeals Tribunal and the subsequent recount which took place. In the judgement, delivered by Chief Justice Susan Kiefel and Justices Virginia Bell, Stephen Gageler, Patrick Keane and James Edelman, the court noted that the prevailing issue was "whether holding that disqualifying office during the discrete period between 1 July and 27 October was enough to render Ms Hughes incapable of being chosen". In an affidavit submitted to the Court by Hughes' solicitor, it was submitted that at the date of the 2016 election, Hughes held no such position and was thus eligible to be nominated, despite her subsequent appointment to the tribunal.
On January 15, 2020 Edo APC reaffirmed the suspension of Oshiomhole and said he had no legal right to continue to function as the APC national chairman by the virtue of his suspension in Edo State. On the 4th of March, 2020 a High Court sitting in Abuja ordered the suspension of Oshiomhole from office of the National Chairman of the APC that having been suspended from the party, Oshiomhole was no longer a member of the party and could not possibly continue to discharge his official responsibilities as national chairman with a clear order of the court that Oshiomhole be restricted to national secretariat of the party. Armed security agents including the Police, Department of State Service (DSS) and Civil Defense were heavily deployed to the secretariat to prevent Oshiomhole from entering. On 5th March, 2020, a Federal High Court in Kano gave another judgment which vacated the judgement of the FCT High Court and restored Oshiomhole as the national chairman of APC.
On 25 July 1991 the ECJ gave its ruling in case C-221/89 on the question referred by the High Court,, 2nd ECJ decision in re Factortame. David Vaughan, Gerald Barling, David Anderson, and Stephen Swabey for the Applicant, Timothy J.G. Pratt, Sir Nicholas Lyell, Christopher Bellamy, Christopher Vajda, and Andrew Macnab for the Respondent, and six national governments plus the European Commission. Opinion Advocate-General: namely whether the conditions for registration of fishing vessels under the 1988 Act were compatible with Community law. Agreeing with Advocate-General Mischo's opinion, the court (sitting as the full court of 11 justices) en banc held that "it is for the Member States to determine ... the conditions which must be fulfilled in order for a vessel to be registered in their registers and granted the right to fly their flag, but, in exercising that power, the Member States must comply with the rules of Community law".
The ordinary tribunals, in their organization, personnel and procedure, were modelled very closely on those of France. From the town judge (ispravnik), who, in spite of the principle laid down in 1864, combines judicial and administrative functions, an appeal lies (as in the case of the justices of the community) to an assembly of such judges; from these again there is an appeal to the district court, consisting of three judges;This corresponded to the French cour d'arrondissement, but its jurisdiction is, territorially, much wider, often covering several districts or even a whole government. from this to the court of appeal (sudebnaya palata); while over this again is the senate, which, as the supreme court of cassation, can send a case for retrial for reason shown. The district court, sitting with a jury, can try criminal cases without appeal, but only by special leave in each case of the court of appeal.
Thirdly, the Supreme Court of Appeal (SCA), a purely appellate court (court of second instance). While previously both the SCA and Constitutional Court held joint apex jurisdiction/position; the Sixth Amendment of the Constitution of South Africa, altered the hierarchy so that the Constitutional Court sitting in Johannesburg is the apex court, with the SCA below it, and the High Court below the SCA. And finally, the Constitutional Court, which is the highest authority in constitutional matters, and since the Sixth Amendment of the Constitution of South Africa, the highest court in the land for both constitutional matters and all other matters. This position is legally confirmed and constitutionally entrenched by Section 167(3)(b)(ii) of the Constitution of South Africa which states that the Constitutional Court may decide "any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that Court".
The High Court, sitting as the Court of Disputed Returns, held a preliminary hearing before Gordon J, whose judgment delivered on 27 January 2017 made numerous findings of fact.. (Gordon J). The case was heard on 7 February by a full court of the High Court, which delivered its judgment on 5 April. The Court found that, since 26 February 2016 (although three judges were prepared to say 1 December 2015), Day had had an "indirect pecuniary interest" in an agreement with the Commonwealth, and thus was in violation of section 44(v). This was despite the fact that Commonwealth public servants, perceiving a conflict with section 44(v), had not made any payments of rent; Day's "interest" was constituted by his arranged entitlement to receive monies from any rent that was paid. Consequently, the Court found that Day was ineligible to serve in the Senate as of 26 February 2016, and he was therefore ineligible to nominate for the federal election of 2 July 2016.
The family of Menezes appealed against the decisions of the office of the Director of Public Prosecutions (DPP) on behalf of the Crown Prosecution Service in the High Court. The legal representatives of the Metropolitan Police Service, on behalf of the office of the Commissioner, pleaded not guilty to the charges, "after the most careful consideration". The trial started on 1 October 2007. On 14 December 2006, Lord Justice Richards (Richards LJ) of the High Court, sitting with Mr Justice Forbes (Forbes J) and Mr Justice Mackay (Mackay J), unanimously rejected an application for a judicial review into the decision of the office of the DPP on behalf of the CPS to rule out criminal prosecutions of the individual police officers who shot dead Jean Charles de Menezes, ruling that "[I]t was a reasonable decision ... on the basis that they were likely to fail". On 1 November 2007, the Metropolitan Police Commissioner in his official capacity was found guilty of the above offences, and his office was fined £175,000, together with £385,000 of legal costs.
However, Israel government derived its justification for constructing this barrier with Prime Minister Ehud Barak stating that it is "essential to the Palestinian nation in order to foster its national identity and independence without being dependent on the State of Israel".Makovsky, David (March/April 2004). "How to Build a Fence". Foreign Affairs 83 (2): 50–64. . ISSN 0015-7120. Retrieved 2007-04-16. The Israeli Supreme Court, sitting as the High Court of Justice, stated that Israel has been holding the areas of Judea and Samaria in belligerent occupation, since 1967. The court also held that the normative provisions of public international law regarding belligerent occupation are applicable. The Regulations Concerning the Laws and Customs of War on Land, The Hague of 1907 and the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 were both cited. About 300,000 Israeli settlers live in the West Bank along the Israeli West Bank barrier (and a further 200,000 live in East Jerusalem and 50,000 in the former Israeli–Jordanian no- man's land).
UN Security Council resolution 1192 "welcomed" "the initiative for the trial of the two [Libyan] persons charged with the bombing of Pan Am flight 103 ... before a Scottish court sitting in the Netherlands" and "invited" the Secretary-General of the United Nations "to nominate international observers to attend the trial". By a letter dated 28 October 1997, the Permanent Representative of the United Kingdom had informed the Secretary-General "that the United Kingdom would welcome the presence of international observers from the United Nations at the trial of the suspects in the Lockerbie bombing". In a letter dated 25 April 2000, addressed to the President of the Security Council, Secretary- General Kofi Annan nominated five international observers, one each from the European Union, the League of Arab States, and jointly from the Organization of African Unity and the Non-Aligned Movement, and two from the International Progress Organization, a Vienna-based NGO in consultative status with the United Nations, among them the organisation's President, Hans Köchler, Professor at the University of Innsbruck, Austria.
At the time of Culleton's nomination and election, he had been convicted for the New South Wales offence but had not been sentenced. A former colleague lodged a petition with the High Court (sitting as the Court of Disputed Returns), claiming that Culleton was not able to nominate for the election as he was convicted and awaiting sentence in New South Wales at the time of the election. Subsequently, the Australian Government asked the Senate to also refer the matter to the High Court; the reference included a request to determine what should be done if Culleton's seat were found to be vacant. The primary issues before the High Court concerned the effect of the subsequent annulment of Culleton's conviction and whether Culleton was subject to be sentenced to a term of imprisonment for one year or longer. On 3 February 2017, the High Court determined the Senate reference, unanimously finding that Culleton had been ineligible for election to the Senate. At the time of the 2016 election he was subject to being sentenced to imprisonment for up to two years, which under Constitution section 44(ii) rendered him ineligible for election.

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