First Appellant District Court Case Study

Words: 860

Pages: 4

Open Document

The First Appellant District Court would hear an appeal from both the Hamilton County Municipal Court and the Hamilton County Common Pleas Court. It could hear the appeal of the trial court, since Hamilton County is regionally located in the First District of the Court of Appeals and thus is within its district. Ohio Const. art. IV, § 3(B)(2).

3. Do all of Ohio’s appellate courts provide mandatory authority for the court listed in answer to Question No. 1? (HINT: Review the Ohio Constitution.) Please explain (in 1-3 sentences) how you came to this conclusion, and provide a supporting citation (in proper Bluebook form).

No, the only appellate court that can provide mandatory authority is the First Appellant District Court, since it is in the same district as the trial courts and has jurisdiction to hear its cases. “The state appellant courts have jurisdiction and can affirm, modify or reverse judgements or final orders from inferior courts of record within its district.” Ohio Const. art. IV, § 3(B)(2).

4. In light of the above answers, which court(s) should we look to as a source of mandatory authority? Be as specific as possible, and explain (in 1-3 sentences) how you came to this conclusion. …show more content…
The First Appellant District Court has jurisdiction and can affirm, modify or reverse judgements or final orders from inferior courts of record within its district. Ohio Const. art. IV, § 3(B)(2). The Supreme Court of Ohio is the highest state court in Ohio and can remand cases brought to it by appeal. Ohio Rev. Code Ann. § 2503.44 (West 1987). The Supreme Court of Ohio also has jurisdiction to appellate courts and jurisdiction to court of common pleas. Additionally, it has jurisdiction to other inferior courts, but only in certain circumstances. Ohio Const. art. IV, §

Essay on Legal & Ethical Environment Chp1

The conventional, or written, law of a particular society at a particular point in time (e.g., the U.S. Constitution, the Texas Securities Act, the Internal Revenue Code, and published judicial decisions). JURISPRUDENCE ( Jurisprudence: The study of different schools of legal philosophy and how each can affect judicial decisionmaking. ( The Natural Law School presupposes that positive law derives its legitimacy from natural law and holds that, to the extent that natural law and positive…

Words 1944 - Pages 8

Essay on Womens Rights

to be equals, all doing their part, but there were key players who pitched in more then others. 3 of the key players we are mentioning are Emily Murphy, the leader of the famous five and the first female judge in Canadian history. Agnes Macphail, the first female MP in Canadian history. Elsie MacGill, the first women in the world to design an airplane. These women all had a key role in developing women’s rights. Emily Murphy was perhaps the most famous female in Canadian history in terms of what…

Words 2220 - Pages 9

Should the Rule of Immunity of Lawyers in Cases of Negligencce Be Allowed to Continue to Exist in Nigeria. Essay

INTRODUCTION The approach to this question does require that one should look at the meanings of some concepts or terms used in it. These may include: lawyer/legal practitioner, immunity and negligence as the case may be. In England, the legal profession has two branches outside the bench- barristers and solicitors. The barrister is mainly involved in advocacy or litigation while the solicitor is the general legal adviser to the citizens. In Nigeria, the position is different. The two are fused…

Words 4036 - Pages 17

The Nature Of Crime

LEGAL STUDIES Core 1: Crime 1. The Nature of Crime. a) The meaning of crime. Crime: any act or omission of a duty that results in harm to society and which is punishable by the state. b) The elements of a crime. Actus Reus: the guilty act. This is the voluntary commission of an act or voluntary omission of a duty that breaks the law. Important features are: Act or omission actually took place Done by the accused person That it was voluntary. Mens Rea: the guilty mind. This…

Words 9727 - Pages 39

Principles Of The Australian Parliamentary System

UNIT 3 Area of Study 1: Parliament and the citizen • [principles of the Australian parliamentary system: representative government, responsible government, and the separation of powers] Representative government Outlined in the C/W Constitution and is vital to Australia's parliamentary system. It ensures that there is a government made up of representatives who are chosen by the people. In order to ensure a representative government exists, regular elections are held e.g. elections for H/Reps are…

Words 6752 - Pages 28

cigarette case Essay examples

DOCUMENTS In re TOBACCO CASES II. S129522 SUPREME COURT OF CALIFORNIA 41 Cal. 4th 1257; 163 P.3d 106; 63 Cal. Rptr. 3d 418; 2007 Cal. LEXIS 8189 August 2, 2007, Filed SUBSEQUENT HISTORY: US Supreme Court certiorari denied by Daniels v. Philip Morris USA, Inc., 128 S. Ct. 1649, 170 L. Ed. 2d 354, 2008 U.S. LEXIS 2467 (U.S., 2008) PRIOR HISTORY: Court of Appeal of California, Fourth Appellate District, Division One, No. D041356. Superior Court of San Diego County, JCCP No…

Words 9488 - Pages 38