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It was not uncommon and,acceptable under international law, to take merchant ships as prizes if they flew the enemy flag. The rational is that it reduces the enemies ability to wage war both because of the goods said vessel might carry, the profits trade brings, etc.
The Paquete Habana was, however, a fishing vessel, and it was a custom to exempt fishing vessels from such seizure. While the captain who took them tried to argue that fisherman tend to be excellent seamen and thus are a military asset.
This is an important case regarding international law. Custom effects what is acceptable between nations much like precedent has within a country. Customary law is the early basis for many things that are now in treaty ( recall Fluelen in Henry V saying that killing the camp followers ( "the boys in the luggage") was expressly against the rule of war).
What else can I help you with?
Which mughal emperor abolished the Persian Court Custom of 'sijida' which was begun by Balban?
The Mughal emperor Akbar abolished the Persian Court Custom of 'sijida', which required subjects to bow down to the king. Akbar introduced the practice of 'tah zaman', or holding the monarch's robe, as a more humble and respectful gesture in its place.
Who determines the sentence in court?
The judge determines the sentence in court based on factors such as the severity of the crime, criminal history of the defendant, and any mitigating or aggravating circumstances presented during the trial or sentencing hearing. The judge considers the applicable laws and sentencing guidelines to determine a fair and just sentence.
How long after an unlawful detainer do you have to move?
The timeline for moving out after an unlawful detainer varies by state, but it typically ranges from 5 to 10 days after a court judgment is issued in favor of the landlord. It's important to carefully review the specific laws applicable to your situation.
In an appeals case what do the judges decide?
The Appeals Court judges can find that the judgment in the court case before them is either affirmed, or they may overturn the judgment. If overturned they must cite the their reasoning, which is usually legal or procedural insufficiency. - - - - - - - - - - At trial, the judge makes various legal rulings about evidence, procedure, and the controlling law, and instructs the jury about the law and how to apply it. The jury determines the credibility of the witnesses and evidence and applies the law to reach a verdict. On appeal, a party typically contends that the trial judge erred with regard to one or more of his or her legal rulings. The party does so in an opening brief that states the error, the law, and why the party believes the trial court erred. The opposing party is permitted to submit an answer brief, and the appealing party is permitted to file a reply brief. The parties sometimes ask to present oral arguments to the appellate court. Such requests are not always granted. The appeals court then reviews the briefs, the record of the trial, applicable law, and considers the parties' oral arguments. The appellate judges then confer about the case. Evidentiary rulings are usually reviewed for abuse of discretion. That is, whether, under existing law, the ruling was manifestly arbitrary, unreasonable or unfair. Rulings about the applicable law are reviewed de novo. That is, the appeals court considers the legal issue to determine whether the trial court's ruling was correct or erroneous under existing law. Jury findings of fact are given deference and may only be reversed if there is no evidence upon which a reasonable person could have made that finding. A determination that there was an error does not necessarily result in reversal of the case. When the appellate court concludes there was an error, it must then decide whether the error prejudiced the losing party's right to a fair trial or affected the outcome of the case. If there was no prejudice, the error is considered to be harmless. Appeals are most commonly decided by three or more judges, a majority of whom must agree on the outcome. The outcome of a trial may be affirmed, reversed, or affirmed in part and reversed in part. Occasionally more information is needed before the appeal can be fully resolved. When that happens, the appeals court may remand (return) the case to the trial court for additional proceedings to address the issue. When the legal issues are straightforward and have been fully resolved in other cases, and the law's application to the facts of the case are clear, an appeals court will often issue a "per curiam" (by the court) opinion that briefly refers to the applicable cases and announces the result of the appeal. In other cases, one of the appellate judges writes an opinion that identifies the errors the parties have presented, explains whether the trial court's decision is being reviewed for abuse of discretion or de novo, explains the applicable law in some detail, explains how the law applies to the particular facts of the case, and states the conclusion of the majority of the judges that have reviewed the case. The written opinion demonstrates to the parties that their contentions and arguments have been considered, and provides feedback to the trial judge. If one of the party's believes the appellate court's decision is erroneous, they often have the right ask a higher appellate court, usually a state supreme court or the U.S. Supreme Court to review the case. Some appellate opinions are published in collections of legal decisions and serve as precedent for future cases.
What is legal justification?
Legal justification refers to the reasoning or rationale used to support a legal decision or action. It explains why a particular law or legal principle is applicable in a given situation and provides the basis for legal arguments in court. Legal justification is essential for ensuring that decisions are fair, consistent, and in accordance with legal principles.
What was the custom that the court found in the Paquete Habana case?
It was not uncommon and,acceptable under international law, to take merchant ships as prizes if they flew the enemy flag. The rational is that it reduces the enemies ability to wage war both because of the goods said vessel might carry, the profits trade brings, etc. The Paquete Habana was, however, a fishing vessel, and it was a custom to exempt fishing vessels from such seizure. While the captain who took them tried to argue that fisherman tend to be excellent seamen and thus are a military asset. This is an important case regarding international law. Custom effects what is acceptable between nations much like precedent has within a country. Customary law is the early basis for many things that are now in treaty ( recall Fluelen in Henry V saying that killing the camp followers ( "the boys in the luggage") was expressly against the rule of war).
Does paternity testing have to be a court order to use results in court?
No, it does not have to be court ordered to be applicable in court.
The court which hears and settles disputes between custom officials and importers is the?
Customs Court
What does NA mean on court papers?
NA simply means, Not Available or Not Applicable or Not Announced.
Why do you have a court?
So that alleged violations of the law can be presented and judged according to the applicable laws.
Why do you have court?
So that alleged violations of the law can be presented and judged according to the applicable laws.
What happens when a court has no applicable statute?
1. What is the difference between common law and case law ?
What is custom of already decided cases is called in Canadian court system?
civil law
What are the release dates for America's Court with Judge Ross - 2010 Custom Ride Creative Control 3-163?
America's Court with Judge Ross - 2010 Custom Ride Creative Control 3-163 was released on: USA: 2013
The Fourteenth Amendment to the Constitution has been interpreted by the Supreme Court to?
make rights contained in the bill of rights applicable to the states.
Are prior visitation orders suspended once that orders are being appealed and are still pending in circuit court?
no, they are still applicable.
Can You file a complaint against a federal judge?
Yes. The filing is done with the clerk of the court of appeals in the circuit/jurisidiction that is applicable.
