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The exception is mayor's court magistrates. Upon the timely notice of appeal from a conviction in a Mayor's Court, the proceeding before either the county or municipal court of the county in which the community is located is de novo.
A magistrates' court may set aside and vary decisions of its own court, in relation both to sentence and conviction. In relation to conviction, a magistrates' court may order a rehearing of a case against a person convicted by that magistrates' court. [1] The court may exercise the power when it appears to be in the interests of justice to do ...
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
His view was that section 70 of the Magistrates' Courts Act should be interpreted as being to the same effect as the common law, except that a sale in execution in a magistrates' court could be impugned even for want of non-essential formalities where the purchaser did not act in good faith or had notice of the non-compliance.
If a federal court finds that the notice of removal was in fact defective, or that the federal court does not have jurisdiction, the case is remanded to the state court. A defendant used to have to formally petition the federal court for the right to remove, and jurisdiction was not transferred until the federal court entered a formal order to ...
In United States law, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction) is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts.
The Magistrates Court of South Australia is the lowest level court in the state of South Australia. The Magistrates Court, then known as the Court of Petty Sessions, was established in 1837, by the Court of Sessions Act 1837. [1] It has both original and appellate jurisdiction and hears matters specified in the Magistrates Court Act 1991 (SA). [2]
Ryan, 566 U.S. 1 (2012), was a United States Supreme Court case about ineffective assistance of counsel claims which allowed a narrow exception to Coleman v. Thompson . Coleman said that inadequate post-conviction counsel is not cause to excuse procedural default for a state habeas claim that was filed late under the state's procedural rules.