To successfully find the correct solution to an issue, one must seek every possible approach of analysis. My colleagues have all approached this topic in several different manners and reached the same conclusion. However, there are additional considerations not yet made by this court and those must be contemplated before I can reach the same ends. For instance, my colleagues have yet to consider information necessary such as the Corps memorandum suggesting the finality special cases versus standard mine runs such as Hawkes seeks. If the corps itself regards the determination as final because it is a standard mine run, that should be considered by the court. However, if the Corps determines the determination regards a “special case” it …show more content…
V. B. Translation I agree with my colleagues the determination is not final. However, in the interest of justice and the potential issues which may arise in the future, I will explore the remaining issues not yet addressed by the Court. Hawkes, and all future peat miners must have each of their concerns discussed to truly have a just decision handed down upon them. Two conditions exist for finality according to our jurisprudence. First, the action must mark the consummation of the decision-making process. Bennett v. Spear, 520 U.S. 154, 177-78 (1997). While my colleague rightly indicated administrative processes still exist for Hawkes to enter before the requirement of permitting, it must be considered there is some ending in action. The Corps has completed extensive fact-finding regarding the physical and hydrological characteristics of the property at this point and if the permitting process is not entered, does not revisit the determination. See, U.S. Army Corps of Engineers, Jurisdictional Determination Form Instructional Guide Book, 47-60 (2007). This would seem to suggest some finality, however, since there is a consideration of potential future action through the permitting process, I feel that rather than the determination being final, it is rather the end of a preliminary step towards permitting. The second aspect of final action is one in which “rights and obligations have been determined, or from which legal
1. The first issue is whether the trial court erred in denying Greer's motion for summary judgment on the grounds that Mr. Austin's will contest was barred by T.C.A. § 32-4-108 (Supp. 1991).
I feel that this case was somewhat representative of what was discussed in the textbook. The forensics aspects of this case were generally different from the impression of forensics I received from reading the textbook. Despite this fact, I feel that the investigative techniques of this case were similar to what was discussed in the textbook, as well as what has been discussed during lecture.
In chapters six through ten of The Collapse of American Criminal Justice, Stuntz talks about the changes that were being made in the criminal justice system, and the changes that can help fix the system. He goes in details when it comes changes in the system, from the courts putting limits on what the criminal procedure, for example, the “exclusionary rule”. Also the mention of the rise and fall of crime across the United States. Lastly, mentioning the famous landmark cases that helped sparked these changes.
It is often believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof, however, that as contrasting as they are on the surface they are actually working together to achieve one common goal.
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
• The infringement serves a “valid legislative objective.” The court suggested a valid legislative objective would be conservation of natural resources, in which First Nations interest would come second only to that;
Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows:
Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.
in which this decision is made. In some jurisdictions, the cases may be decided upon
Consider Exhibit 10 on page 22 of the case; does it include the factors you consider most important in the selection process? Which factors would you be inclined to weight most heavily?
“This case presents a constitutional question never addressed by this Court: whether a statutory scheme
Conversely, other judges have found the judgement in Consul Development v DPC to be inconclusive, adopting a narrow interpretation of the judgement of Stephen J and restricting the requisite knowledge only to the first three categories of the Baden scale. This tendency toward a narrow approach increased following the decision in Royal Brunei Airlines Sdn Bhd v Tan (‘Royal Brunei’) as courts attempted to reconcile the UK and Australian lines of authority. However in other cases, such as Gertsch v Atsas it was held that that the acceptance of the first four Baden categories was synonymous with accepting a standard of honesty.
Provided Case 09-3, we, Group 7 have dutifully researched the topic, using resources at our disposal to formulate a consistent, clear and legal response. The following submission outlines the case, our conclusions with supporting evidence and the accounting issues present in the subject.
When a person is charged with a crime the type of defense that they choose could ultimately determine their fate. There are many different types of defenses that exist in our criminal justice system. In this paper I will be taking a brief look at two different cases that have implored two different types of criminal defenses. I will look at the nature and types of defenses used in the cases and what evidence was used to demonstrate defense. I will describe how justification and excuse played a role in the cases and I will also be describing the outcome of each case.
The impact of Williams v Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 on the doctrine of consideration.