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Journal articles on the topic 'High Court'

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Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2024

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1

Doerfler, Ryan. "High-Stakes Interpretation." Michigan Law Review, no. 116.4 (2018): 523. http://dx.doi.org/10.36644/high-stakes.

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Courts look at text differently in high-stakes cases. Statutory language that would otherwise be “unambiguous” suddenly becomes “less than clear.” This, in turn, frees up courts to sidestep constitutional conflicts, avoid dramatic policy changes, and, more generally, get around undesirable outcomes. The standard account of this behavior is that courts’ failure to recognize “clear” or “unambiguous” meanings in such cases is motivated or disingenuous, and, at best, justified on instrumentalist grounds. This Article challenges that account. It argues instead that, as a purely epistemic matter, it is more difficult to “know” what a text means—and, hence, more difficult to regard that text as “clear” or “unambiguous”—when the practical stakes are raised. For that reason, this Article insists, it is entirely rational for courts to be more cautious when interpreting text in high-stakes cases than they would be if the stakes were low. Drawing on contemporary work in philosophy of language and epistemology, this Article grounds its argument in the observation that ordinary speakers’ willingness to attribute “knowledge” or “clarity” decreases as the practical stakes increase. And while the technical explanations of this phenomenon vary, they all reflect a basic insight: that one needs greater epistemic justification to act on some premise the higher the practical stakes. To illustrate, this Article applies the above insight to various interpretive settings. Considering judicial review, for example, this Article explains that it makes good epistemic sense for a court to wait until it is really sure that a statute means what it thinks it means before taking the extraordinary step of invalidating that statute as unconstitutional. Similarly, this Article urges that it is just sound epistemic practice for a court is to construe a statute in a way that would unsettle an existing implementation regime only if it is especially well justified in its reading of the statutory text—that is, only if it really knows that its reading is correct. This Article thus offers at least a partial justification of courts’ seemingly loose treatment of statutory text when the practical stakes are raised. And it does so, in contrast to prior scholarly efforts, by appeal to reasons that both formalists and instrumentalists can accept.

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2

Davies, Gemma. "Court of Appeal High Court." Journal of Criminal Law 82, no. 4 (August 2018): 296–300. http://dx.doi.org/10.1177/0022018318791670.

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3

Coutts, JA. "High Court." Journal of Criminal Law 62, no. 1 (February 1998): 1–3. http://dx.doi.org/10.1177/002201839806200101.

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4

Coutts, JA. "High Court." Journal of Criminal Law 63, no. 1 (February 1999): 1–4. http://dx.doi.org/10.1177/002201839906300101.

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5

Coutts, J. A. "High Court." Journal of Criminal Law 63, no. 4 (August 1999): 275–77. http://dx.doi.org/10.1177/002201839906300401.

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6

Coutts, J. A. "High Court." Journal of Criminal Law 64, no. 4 (August 2000): 345–46. http://dx.doi.org/10.1177/002201830006400402.

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7

Stuart-Cole, Elizabeth. "High Court." Journal of Criminal Law 82, no. 1 (February 2018): 7–10. http://dx.doi.org/10.1177/0022018318759984.

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8

Mennim, Sean, and Nicola Wake. "Appeal Court, High Court of Justiciary." Journal of Criminal Law 82, no. 5 (October 2018): 373–77. http://dx.doi.org/10.1177/0022018318804357.

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9

Morgan, Phillip. "Doublethink and District Judges: High Court precedent in the county court." Legal Studies 32, no. 3 (September 2012): 421–47. http://dx.doi.org/10.1111/j.1748-121x.2012.00228.x.

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This paper considers an often ignored topic in the English system of precedent, the role of High Court precedent in the county court. In doing so it reveals the many weaknesses of the existing approach to lower court precedent. It is argued that the High Court, (generally) a first instance tribunal, which does not bind itself and can come to contradictory decisions in different cases, the later not overruling the earlier, should not bind any court below it. A model of how multi-tiered first instance tribunals, such as the High Court and county court, should interact is demonstrated by the approach taken between the Court of Session, Outer House, and inferior courts in Scotland.

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10

Nielsen, Ingrid, and Russell Smyth. "What the Australian Public Knows About the High Court." Federal Law Review 47, no. 1 (February 8, 2019): 31–63. http://dx.doi.org/10.1177/0067205x18816238.

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Existing studies for the United States examine the extent to which the public is knowledgeable about US courts, arguing that knowledge of the courts is linked to public support for their role. We know little, though, about the Australian public’s awareness of the High Court of Australia. We report the results of a survey of a representative sample of the Australian adult population, administered in November 2017. We find that few Australians know the names of the Justices, the number of Justices on the Court, how the Justices are appointed or for how long they serve. Awareness of recent cases decided by the Court is mixed. We find that age and education are better predictors of awareness levels than is gender. Our findings are important because in the absence of awareness of the High Court, the potential exists for the public to see the Court as having a more overt political role than it has, which may lower esteem for the Court. The potential for this to occur is exacerbated if, and when, politicians attempt to drag the High Court into the political fray, by attributing political motives to it that it does not have.

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11

Abua, Arinze, and Ndukauba C. Nuagbo. "The Practice of One Territorial Jurisdiction of the Federal High Court of Nigeria and the Need for Constitutional Amendments to Decongest the Courts." ABUAD Private and Business Law Journal 2, no. 1 (August 31, 2018): 84–102. http://dx.doi.org/10.53982/apblj.2018.0201.05-j.

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This article reviews the decisions of the Supreme Court in Owners of M.V. Alabera v. NAIC (2008)11 NWLR (pt.1097) 182 which held that a State of Nigeria in relation to one another is outside jurisdiction of the Federal High Court of Nigeria and leave is required to issue, serve and mark as concurrent, one within and the other to be served outside jurisdiction and the recent decision of the Supreme Court that the Federal High Court has one jurisdiction means outside the Federal Republic of Nigeria in the case of Biem v. Social Democratic Party & 2ors unreported SC.341/2019. Even the issue of one jurisdiction portends a greater problem in that the courts will continue to be congested as some Federal causes are also determinable by the State High Courts and all appeals from Magistrate Courts, Customary Courts, High Courts all pass through the Court of Appeal, Customary Court of Appeal and Sharia Courts of Appeal all the way to Supreme Court. This article adopts the doctrinal approach of reviewing the cases and incidences of True Federalisms to recommend Constitutional Amendments to create state courts of Appeal and Supreme Courts to help decongest the courts and concludes that in as much as one jurisdiction problem of the Federal High Court has been clarified by the Supreme Court in Biem’s case, a lot in terms of Constitutional amendment to decongest the Court ought to be embarked upon as done in other countries such as the United States of America.

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12

Tsai, Ting-Yi. "Specialised Indigenous divisions in Taiwan's high courts." Journal of Legal Anthropology 6, no. 2 (December 1, 2022): 76–92. http://dx.doi.org/10.3167/jla.2022.060204.

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Abstract This article incorporates judicial practice and related research to consider some of the shortcomings and issues relating to the goals of the specialised Indigenous court units. Specialised Indigenous court units, which have been in Taiwan's high courts since 2014, have lofty goals, but critical questions remain in terms of these expectations. Taiwan's high courts administer dozens of Indigenous cases annually, but few are related to Indigenous cultural issues. High court judges attend annual non-mandatory training programmes related to Indigenous people's issues; however, it is questionable whether judges are sufficiently knowledgeable in these fields. The toughest question many judges face is determining whether Indigenous practices are ‘facts’ or ‘customary laws’. If they are facts, then Indigenous defendants and their counsel must take the initiative to explain them; if they are customary laws, then judges must take the initiative to find and apply them. Other issues include how Indigenous cases are sometimes assigned to specialised military courts, a process in which defendants can lose their Indigenous status.

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13

Shiels, Robert. "High Court of Justiciary." Journal of Criminal Law 68, no. 1 (January 2004): 42–44. http://dx.doi.org/10.1350/jcla.68.1.42.25837.

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14

Hossain, Sara. "High court nails fatwa." Interventions 4, no. 2 (January 2002): 220–23. http://dx.doi.org/10.1080/13698010220144252.

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15

Mason, C. J., D. Brennan, Toohey, and J. J. Mchugh. "High Court of Australia." Arbitration International 11, no. 3 (September 1, 1995): 235–64. http://dx.doi.org/10.1093/arbitration/11.3.235.

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16

Shiels, Robert. "High Court of Justiciary." Journal of Criminal Law 57, no. 4 (November 1993): 335–36. http://dx.doi.org/10.1177/002201839305700403.

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17

Shiels, Robert. "High Court of Justiciary." Journal of Criminal Law 58, no. 3 (August 1994): 247–49. http://dx.doi.org/10.1177/002201839405800302.

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18

Shiels, Robert. "High Court of Justiciary." Journal of Criminal Law 59, no. 1 (February 1995): 22–26. http://dx.doi.org/10.1177/002201839505900102.

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19

Shiels, Robert. "High Court of Justiciary." Journal of Criminal Law 60, no. 2 (May 1996): 132–33. http://dx.doi.org/10.1177/002201839606000202.

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20

Dingwall, Gavin. "High Court of Justiciary." Journal of Criminal Law 60, no. 3 (August 1996): 234–35. http://dx.doi.org/10.1177/002201839606000303.

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21

Shiels, Robert S. "High Court of Justiciary." Journal of Criminal Law 62, no. 1 (February 1998): 4–6. http://dx.doi.org/10.1177/002201839806200102.

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22

Shiels, Robert S. "High Court of Justiciary." Journal of Criminal Law 62, no. 4 (August 1998): 287–88. http://dx.doi.org/10.1177/002201839806200401.

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23

Shiels, Robert S. "High Court of Judiciary." Journal of Criminal Law 64, no. 2 (April 2000): 214–15. http://dx.doi.org/10.1177/002201830006400207.

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24

Shiels, Robert S. "High Court of Justiciary." Journal of Criminal Law 64, no. 5 (October 2000): 498–99. http://dx.doi.org/10.1177/002201830006400506.

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25

Shiels, Robert. "High Court of Justiciary." Journal of Criminal Law 64, no. 6 (December 2000): 592–93. http://dx.doi.org/10.1177/002201830006400607.

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26

James, Annabelle. "High Court, Family Division." Journal of Criminal Law 66, no. 5 (October 2002): 391–93. http://dx.doi.org/10.1177/002201830206600503.

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27

Oniha, Mabel Osato. "Critique of the Exclusive Jurisdiction of the High Court over Statutory Marriages and Other Incidental Matters." ABUAD Law Journal 8, no. 1 (June 30, 2020): 40–52. http://dx.doi.org/10.53982/alj.2020.0801.03-j.

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It is common knowledge that all lawyers in Nigeria who want to file matrimonial matters bordering on Statutory Marriages head to the High Court. This is because it has been so from time immemorial and has continued to be so. It is of no contention that the High Court has jurisdiction over Statutory Marriages by law. The bone of contention rather is the seemingly exclusive jurisdiction conferred on it. What is the basis upon which this exclusivity of jurisdiction of the High Court on Act marriages lie? A thorough search through the laws has shown that there is a provision conferring jurisdiction on the High Court but non conferring exclusive Jurisdiction on same. To get to the root of this conclusion, doctrinal method was used. This revealed that other courts outside the High Court share jurisdiction with the High Court in addressing Act marriages under the Act. To cure this wrong perception among lawyers, it is recommended that the provisions of the law empowering the High Court and other Courts alongside to adjudicate on Statutory Marriages should be brought to the knowledge of the lawyers. Judges of the High Courts can help educate lawyers who appear before them.

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28

Taqiyya, Zidny, Asropi, and Ratri Istania. "Human Resources Management Strategy in the Military Justice Environment: Study of State Civil Apparatus Management at the High Court of the Supreme Court of the Republic of Indonesia." International Journal of Science and Society 5, no. 5 (October 30, 2023): 298–320. http://dx.doi.org/10.54783/ijsoc.v5i5.889.

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The Supreme Court is a judicial institution vested with authority to exercise judicial power in four separate branches of the judiciary, namely the General Courts, Religious Courts, Administrative Courts, and Military Courts. The Military Court, in particular, serves as the judicial body responsible for upholding the law and justice for members of the Indonesian National Armed Forces (TNI). Unlike the other three branches of the judiciary, the Military Court system consists of three appellate courts and one main court. The existence of these four courts is governed by Law Number 31 of 1997 on Military Judiciary and the Chief Justice of the Supreme Court Regulation Number 125 of 2009 on the Delegation of Authority to High-Ranking Officials and Chief Justices of Appellate Courts within the Supreme Court for Signing in the Field of Personnel. However, the implementation of these regulations has still resulted in varying interpretations and paradigm differences, especially in understanding the phrase "appellate court," which has been perceived as somewhat biased and not fully implemented. This is particularly evident in the coordination and management of Civil Servants (ASN), as the Supreme Court places the Main Military Court on par with the appellate courts, although in practice, the Main Military Court resembles a "court above the appellate courts." This research employs a qualitative approach with a specific Case Study research method, focusing on the differential treatment of ASN members who represent a minority within the Military Judiciary. Ultimately, the study recognizes the need to bring together perspectives and unify understandings regarding the implementation of the Chief Justice of the Supreme Court Regulation Number 125 of 2009, analyzed through the Equal Employment Opportunity (EEO) theory, in order to harmonize the management and governance of appellate courts. This would help eliminate disparities between the High Military Court and the Main Military Court, serving as a bridge of understanding within the Military Judiciary in Indonesia.

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29

Pihlajamäki, Heikki, and Marju Luts-Sootak. "Tartu õuekohus kui õigussiire: Svea ja Liivimaa apellatsioonikohtute võrdlus [Abstract: The High Court of Dorpat as a legal transplant: a comparison of the Svea and Livonian High Courts]." Ajalooline Ajakiri. The Estonian Historical Journal, no. 2/3 (January 15, 2018): 157. http://dx.doi.org/10.12697/aa.2017.2-3.02.

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Legal transfers (or transplants, receptions) of legal phenomena sometimes take place even within one single realm. This especially applies to the conglomerate states of the early modern period where different regions of one realm often had different laws and legal cultures. Livland – covering roughly the northern part of present-day Latvia and the southern part of Estonia – became part of Sweden through the Treaty of Altmark in 1629. From the social and political viewpoint, Livland was vastly distinct from Sweden proper. Livland was a feudal society par excellence, a land with mighty land-owning magnates and a peasantry tied to the land. Sweden, in turn, came late in developing feudal structures. The legal culture in Livland also differed vastly from that of Sweden proper. Since the Middle Ages, a German-speaking nobility and citizenry had settled in Livland. This brought the same legal order and judicial proceedings to Livland that were in effect in other northern German regions. This, among other things, meant that Livland participated in the reception of Roman law, which never influenced Sweden to the same extent. The model of the Swedish high court, such as it was created in Stockholm in 1614, was duplicated in other parts of the realm, including the Livonian court in Dorpat in 1630. The statutes regulating the Dorpat High Court were similar to those governing the Svea High Court, albeit with some differences. The most important of those differences was that the Livonian courts, including the Dorpat High Court, were to follow different legal sources than the courts in Sweden proper. In Livland, local law, the German gemeines Recht and the European ius commune were all accepted as binding legal sources. The differences in practice were more significant than those in the statutes. The Livonian court turned out to be less of an appeals court than the Svea High Court. In Livland, the access of peasants to the appeals court was effectively barred because their cases were rarely heard even in the lower courts – they were heard in the manorial courts instead, which survived under Swedish rule. In comparison to Sweden proper, judicial culture in Livland was in the hands of learned lawyers to a far greater extent, who dominated both civil procedure and accusatorial criminal procedure. In both categories, the procedure was written and dominated by lawyers. Although learned discussions took place at the Svea Court as well, in Dorpat, learned judicial culture was taken a step further. In criminal procedure, clearly the biggest difference was that judicial torture was living law in Livland until the 1680s, with the High Court giving formal permission for the lower courts to apply torture. In Sweden, torture emerged in the early seventeenth century, but was never legalised. The high court of appeals was a phenomenon, which came in many shapes and sizes. The same idea was transferred from one realm to another, and the same basic structure was multiplied within the realms. The products of legal transfer, the courts in action, could turn out differently, however. This often happened deliberately, as the idea of a high court sometimes needed tailoring to suit particular local circumstances. Sometimes the product took a different shape unexpectedly, because the local circumstances simply made it different. This could even happen within one and the same realm.

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30

Gibson, James L., Gregory A. Caldeira, and Vanessa A. Baird. "On the Legitimacy of National High Courts." American Political Science Review 92, no. 2 (June 1998): 343–58. http://dx.doi.org/10.2307/2585668.

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The purpose of this research is to examine theories of diffuse support and institutional legitimacy by testing hypotheses about the interrelationships among the salience of courts, satisfaction with court outputs, and diffuse support for national high courts. Like our predecessors, we are constrained by essentially cross-sectional data; unlike them, we analyze mass attitudes toward high courts in eighteen countries. Because our sample includes many countries with newly formed high courts, our cross-sectional data support several longitudinal inferences, using the age of the judicial institution as an independent variable. We discover that the U.S. Supreme Court is not unique in the esteem in which it is held and, like other courts, it profits from a tendency of people to credit it for pleasing decisions but not to penalize it for displeasing ones. Generally, older courts more successfully link specific and diffuse support, most likely due to satisfying successive, nonoverlapping constituencies.

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31

Falase-Aluko, Abiola. "New Developments in the Admiralty Jurisdiction of the Federal High Court in Nigeria." Journal of African Law 39, no. 1 (1995): 64–78. http://dx.doi.org/10.1017/s002185530000588x.

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Over 20 years ago, the Federal High Court was created. It is today the only Court with jurisdiction in matters relating to admiralty in Nigeria. This has, however, not been without some teething problems. Disputes arose over what matters fell within the admiralty jurisdiction of the courts and also as to which courts had admiralty jurisdiction. The recent Admiralty Jurisdiction Decree of 1991 addresses these issues by providing a comprehensive local code in line with the International Convention Relating to the Arrest of Sea-going Ships, 1952. This article traces the development of the admiralty jurisdiction of the Federal High Court and examines the scope of its jurisdiction today.

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32

Mujuzi, Jamil Ddamulira. "The Trial of Civilians Before Courts Martial in Uganda: Analysing the Jurisprudence of Ugandan Courts in the Light of the Drafting History of Articles 129(1)(d) and 120(a) of the Constitution." Potchefstroom Electronic Law Journal 25 (April 5, 2022): 1–32. http://dx.doi.org/10.17159/1727-3781/2022/v25ia12023.

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Unlike in the constitutions of other African countries such as Botswana and Lesotho, where the relationship between the High Court and courts martial is stipulated, the Ugandan Constitution 1995 (the Constitution) does not deal with this relationship. The Constitution is also silent on the question of whether courts martial have jurisdiction over civilians. The Uganda Peoples' Defence Forces Act (the UPDF Act) creates different types of courts martial with varying jurisdictions (section 197). The Act also provides (section 119) for the circumstance in which the General Court Martial has jurisdiction over civilians and appeals against the decisions of the General Court Martial lie to the Court Martial Appeal Court, which is the final appellate court except in cases where the offender is sentenced to death or life imprisonment. According to Regulation 20(2) of the UPDF (Court Martial Appeal Court) Regulations, in case an offender is sentenced to death or life imprisonment and his/her sentence is upheld by the Court Martial Appeal Court, he/she has a right to appeal to the Court of Appeal. Since 2003, Ugandan courts have grappled with the issues of whether courts martial are courts of judicature within the meaning of article 129(1) of the Constitution or organs of the UPDF and, therefore, part of the Executive under article 210 of the Constitution and whether courts martial have jurisdiction over civilians. Judges of the Supreme Court Constitutional Court and Court of Appeal have often disagreed on these issues. In this article the author relies on the drafting history of Articles 129 and 210 to argue that courts have erred by holding that courts martial are not courts of judicature under article 129(d) of the Constitution; and that courts martial are subordinate to the High Court. The author also relies on the drafting history of the Constitution and on international human rights law to argue that courts martial in Uganda should not have jurisdiction over civilians because they lack the necessary independence and impartiality and were established for the single purpose of enforcing military discipline.

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33

Osman, Fatima. "Notes: Splitting hairs? Bwanya v The Master of the High Court." South African Law Journal 138, no. 3 (2021): 521–34. http://dx.doi.org/10.47348/salj/v138/i3a4.

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In Bwanya v The Master of the High Court 2021 (1) SA 138 (WCC), the Western Cape High Court ordered that the applicant, a partner in an opposite-sex partnership, was entitled to inherit from her deceased partner’s estate by ordering an amendment of the Intestate Succession Act 81 of 1987 to cater for unmarried opposite-sex partners. The court distinguished the case from Volks NO v Robinson 2005 (5) BCLR 446 (CC) — which precludes an unmarried partner from claiming maintenance from the deceased partner’s estate — on the basis that the case involved an inheritance claim as opposed to maintenance. The note argues that the failure of the court to deal with the central argument in Volks in respect of inheritance rights undermines the strength of the judgment. The Constitutional Court in confirmation proceedings should address this matter, and consider a softening of the doctrine of stare decisis to overrule the Volks case. Furthermore, the case opens the door to claims by other unmarried partners in polygamous relationships. While such claims involve policy considerations that are best addressed by the legislature, they are likely to come before the courts in the near future. Courts should recognise such claims in acknowledgment of the diversity in family formations in South Africa.

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34

Drozdov, Oleksandr, and Mykola Pototskyi. "Legal and organizational principles of creation high court of intellectual property." Theory and Practice of Intellectual Property, no. 2 (June 23, 2022): 39–53. http://dx.doi.org/10.33731/22022.259743.

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Keywords: litigation, intellectual property law, High Court of Intellectual Property,European Union law Analysis of the legal and organizational supportfor the establishment of the High court of intellectual property revealed a scientificproblem regarding the lack of implementation of the constitutional provision accordingto which higher specialized courts may act in accordance with the law, the absenceof the Law of Ukraine «On the High Court of Intellectual Property» proceduralnorms that should ensure the activities of this court to hear cases on intellectualproperty rights.The purpose of the article is to analyze the key legal and organizational issues ofthe creation of IP-court, the main provisions of the draft special law on this court,identify gaps in procedural law, and develop proposals for their content.To achieve this goal, the history and main problems of the establishment and operationof IP-court, international experience of this judicial body, the draft Law ofUkraine «On the High Court of Intellectual Property», some provisions of legal acts ofthe European Union.The main theoretical and practical problems that actualize the urgency of the beginningof IP-court activity are formulated. It is noted that in view of the Europeanintegration vector of Ukraine's legal system, the administration of justice will belargely conditioned by legal acts of the European Union, so it is advisable to providethis court with procedural tools inherent in EU law.It is concluded that the creation and operation of IP-Court is due to the deepening ofeconomic globalization, dynamic development of technological innovation, which in thecase of integration of the Court into the international justice system will lead to internationalizationand openness of intellectual property protection in the European space.

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35

PΈRez-Liñán, Aníbal, and Andrea Castagnola. "Presidential Control of High Courts in Latin America: A Long-term View (1904-2006)." Journal of Politics in Latin America 1, no. 2 (August 2009): 87–114. http://dx.doi.org/10.1177/1866802x0900100204.

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In many Latin American countries the executive branch manipulates the composition of the Supreme Court, and judicial independence has remained elusive. Because high courts can exercise judicial review and influence lower courts, incoming presidents often force the resignation of adversarial justices or “pack” the courts with friends. One indicator of this problem has been the high turnover among members of the high courts. In this paper we offer systematic evidence to compare this problem across countries and to place this issue in historical perspective. Our analysis covers 11 Latin American countries (Argentina, Brazil, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Panama, and Uruguay) between 1904 and 2006. We model the entrance of new justices to the Supreme Court as a function of “natural” (legal and biological) factors, political conditions empowering the president to reshuffle the Court, and institutional incentives promoting executive encroachment on the judiciary.

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36

Patapan, Haig. "High Court Review 2001: Politics, Legalism and the Gleeson Court." Australian Journal of Political Science 37, no. 2 (July 2002): 241–53. http://dx.doi.org/10.1080/10361140220148124.

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37

Saunders, Cheryl, and Brian Galligan. "Politics of the High Court." CrossRef Listing of Deleted DOIs 18, no. 4 (1988): 133. http://dx.doi.org/10.2307/3330340.

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38

International Labour Law Reports On, Editors. "AUSTRALIA: High Court of Australia." International Labour Law Reports Online 15, no. 1 (1994): 253–431. http://dx.doi.org/10.1163/22116028-90000036.

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39

Zaman, Arshad-Uz. "Fatwa and the high court." Interventions 4, no. 2 (January 2002): 233–36. http://dx.doi.org/10.1080/13698010220144289.

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40

worthy, Jeffrey Golds. "Realism about the High Court." Federal Law Review 18, no. 1 (March 1989): 27–39. http://dx.doi.org/10.1177/0067205x8901800102.

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41

Wainer, Jo. "Abortion before the High Court." Australian Feminist Law Journal 8, no. 1 (January 1997): 133–38. http://dx.doi.org/10.1080/13200968.1997.11077238.

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42

McHugh, Michael Hudson. "The High Court of Australia." Journal of Supreme Court History 22, no. 2 (December 1997): 2–14. http://dx.doi.org/10.1111/j.1540-5818.1997.tb00107.x.

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43

Orlando, Lianna. "Cannabis goes to high court." Trends in Neurosciences 24, no. 2 (February 2001): 78. http://dx.doi.org/10.1016/s0166-2236(00)01755-0.

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44

Lau, Kwan Ho. "Precedent within the High Court." Legal Studies 40, no. 3 (May 11, 2020): 397–418. http://dx.doi.org/10.1017/lst.2020.10.

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AbstractA number of Masters and a Registrar have recently indicated that, when exercising High Court jurisdiction, they are not bound strictly to follow prior decisions made by Judges in the High Court. This represents a notable departure from the position established by and within the High Court, where since the Judicature Acts of 1873 and 1875 an unquestioning obeisance of the Master and Registrar towards such decisions has been generally expected and offered. Delving into questions of power, authority and jurisdiction, and examining relevant legislation such as the Civil Procedure Rules, this paper constructs and analyses various arguments for and against recognising the co-equivalence of decisions of Judges, Masters and Registrars in the High Court.

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Coutts, J. A. "High Court (Crown Office List)." Journal of Criminal Law 64, no. 2 (April 2000): 123–25. http://dx.doi.org/10.1177/002201830006400202.

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McHugh, Michael Hudson. "The High Court of Australia." Journal of Supreme Court History 22, no. 2 (1997): 2–14. http://dx.doi.org/10.1353/sch.1997.0025.

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Umaru, M. J., Bridget Anigbogu, and Halima Doma. "Has the Controversy on the Jurisdiction of Federal High Court over Unregistered Trade Marks Matters Finally Been Resolved?" ABUAD Law Journal 11, no. 1 (November 27, 2023): 119–39. http://dx.doi.org/10.53982/alj.2023.1101.06-j.

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The uncanny characteristics of unregistered trade marks (TM) and its enforceability in Nigerian courts leave a wild imagination as to its legal protection and the appropriate court to seek redress and enforcement. Not only is the status of unregistered TM shaky, there is also the question as to which court can enforce same. Thus, the coordinate adjudicatory powers of the Federal High Court and the State High Court have been put to test in this instance. A joint reading of the Nigerian Constitution and the Trade Marks Act seem to have robed the Federal High Court of its exclusive or unilateral original jurisdiction to hear and determine TM cases in general. Yet, these statutory provisions enjoin divergent judicial pronouncements for and against the courts in issue. This paper reviewed the statutory provisions on trademarks and passing off as well as the Supreme Court decisions on the issue with a view to determining whether the apex court has overruled itself in its earlier decisions, now generally conferring exclusive jurisdiction on Federal High Court, in respect of all matters relating to trademarks and passing off particularly for non registered TM.The paper concluded that the latest pronouncement of the Supreme Court on the issue was predicated on the subsisting and applicable law then as well as the peculiar facts of the case and, therefore, not a clear departure from its earlier position on unregistered trademarks.

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Krupová, Tereza, Lenka Pošíková, Tomáš Friedel, and Jan Potucký. "Do moot courts belong to high schools? And if so, under what circumstances?" International Journal of Clinical Legal Education 19 (July 8, 2014): 405. http://dx.doi.org/10.19164/ijcle.v19i0.39.

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<p>Moot courts are considered to be a common clinical legal education method. The purpose of the following article is to demonstrate advantages and disadvantages of using moot courts as a teaching method at high schools. This will be based on the experience of Street law assistants and their survey held among high school students. Gathered and analysed information will hopefully provide answers to the questions mentioned above. The article is divided into four parts. The first part introduces Charles University Law School Street Law course since it serves as prime source of our experience with high school students teaching and organising moot court. The second part deals with basic benefits and set backs of high school moot courts. The third part is dedicated to survey results presentation and the fourth part is composed of our experience of moot court organisation.</p><p>The purpose of our article is to offer basic information about the moot court simulation itself, present our survey research of high school students’ simulation perception and share our experience which might serve as encouragement for moot court organisation and also as basic advice on which common mistakes to avoid and what to pay close attention to.</p>

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Smyth, Russell, and Ingrid Nielsen. "The Citation Practices of the High Court of Australia, 1905–2015." Federal Law Review 47, no. 4 (September 10, 2019): 655–95. http://dx.doi.org/10.1177/0067205x19875030.

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We provide an empirical study of the High Court’s citation to case law and secondary sources at decade intervals between 1905 and 2015. We document trends in the number and type of citations over time, both for the Court as a whole and for the individual Justices. We find that in each of the sample years between 1905 and 1975, the Court cited relatively few authorities and for most of this period the majority of citations were to the Court’s own previous decisions or to decisions of the English courts. However, over the last four sample years—1985, 1995, 2005 and 2015—the Court cited more authority. The Court cited an increasing proportion of its own previous decisions over this period as well as a higher proportion of authority from a more diverse range of sources, including secondary sources, largely at the expense of citations to English cases. We conclude that this reflects the emergence of a distinct Australian common law with the High Court as its final arbitrator.

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Odinkonigbo, Jirinwayo Jude. "Statoil v. NNPC: A Question of Absence of Jurisdiction or Exercise of Discretion Not to Exercise Jurisdiction." Journal of International Arbitration 33, Issue 2 (April 1, 2016): 217–28. http://dx.doi.org/10.54648/joia2016011.

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Section 34 of Nigeria’s Arbitration Act provides that ‘[a] court shall not intervene in any matter governed by this Act, except where so provided in this Act’. Relying on this provision, the Court of Appeal recently set aside the interim order of a High Court restraining arbitration proceedings, reasoning that the High Court lacked the jurisdiction to make the order. It is argued in this comment that the Court of Appeal may have reached the right decision in that case, but for the wrong reason. Nigerian courts of superior record derive their powers from the Constitution; the Arbitration Act cannot operate to diminish the powers granted to these courts by the Constitution.

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