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Rational-legal authority is the basis of modern democracies. Examples of this type of authority: officials elected by voters, rules that are in the constitution, or policies that are written in a formal document. Rational-legal authority is built on a structure of bureaucracy.
A few states have two separate supreme courts, with one having authority over civil matters and the other reviewing criminal cases. 47 states and the federal government allow at least one appeal of right from a final judgment on the merits, meaning that the court receiving the appeal must decide the appeal after it is briefed and argued ...
The TOA list has the name of the authority followed by the page number or numbers on which each authority appears, and the authorities are commonly listed in alphabetical order within each grouping. The intention is to allow law clerks and judges to easily and rapidly identify and access the legal authorities cited in a litigation brief.
rational-legal authority (modern law and state, bureaucracy). These three types are ideal types and rarely appear in their pure form. According to Weber, authority (as distinct from power (German: Macht)) is power accepted as legitimate by those subjected to it. The three forms of authority are said to appear in a "hierarchical development order".
This authority, enumerated by Article IX, allowed for the establishment of United States jurisdiction in the trial of piracies and felonies committed on the high seas, final appeals from state court decisions in all cases of captures of enemy ships, last resort for resolution of disputes between two or more states (including disputes over ...
The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. [ 1 ]
The authority-based hierarchy, also known as the formal hierarchy, to a large extent arises from the legal structure of the organization: for example, the owner of the firm is also the CEO or appoints the CEO, who in turn appoints and supervises departmental managers, and so forth.
Former Supreme Court Justice Stephen Breyer has defined the legal rules and principles of administrative law in four parts: (1) define the authority and structure of administrative agencies; (2) specify the procedural formalities employed by agencies; (3) determine the validity of agency decisions; and (4) define the role of reviewing courts ...