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The Council of Europe’s Venice Commission has published an urgent report on the conditions and legal standards whereby constitutional courts can invalidate elections following a Romanian Constitutional Courtruling. Its opinions are non-binding but influential.
The Pennsylvania Supreme Courtruled Monday that mail-in ballots with missing or incorrect dates will not be counted in the 2024 general election. The Pennsylvania Supreme Court held that mail-in ballots must contain a date, emphasizing the need to follow instructions in the interest of ensuring fairness in the electoral process.
The court justifies its ruling in line with the 2004 case James v. Bartlett : “To permit unlawful votes to be counted along with lawful ballots in contested elections effectively ‘disenfranchises’ those voters who cast legal ballots.”
Sections 2 and 179 of the UPDF Act, subjecting civilians to military law and triable by military courts, were found in contravention of articles 28(1) and 44(c) of the Constitution. This was because these courts were neither independent nor impartial.
The European Court of Human Rights (ECHR) held on Tuesday that the Supreme Administrative Court of Bulgaria did not violate the applicant, Mihail Doynov’s right to a fair trial and judicial impartiality. The post Europe rights courtrules Bulgaria trial sufficiently impartial appeared first on JURIST - News.
After crossing the border, the applicant claimed Greek authorities detained her and her companions, denied them access to legal representation, and subjected them to an expulsion process that ignored their asylum requests. The post Europe rights courtrules Greece immigrant pushback violated human rights appeared first on JURIST - News.
“Cheyenne Mountain Zoos elephants are not ‘legal persons’ under the law, Colorado Supreme Courtrules; The Colorado Supreme Court upheld El Paso County District Courts June ruling on Tuesday”: Lauren Penington and Katie Langford of The Denver Post have this report.
The court upheld a lower court’s ruling in R. In Daviault , the courtruled that a man who raped an elderly woman could use intoxication as a defense because he was in a “state akin to automatism.” ” On Friday, the court held that section 33.1 Parliament passed section 33.1
The US Supreme Courtruled on Friday that a unanimous jury is required to apply a recidivism punishment under the federal Armed Career Criminal Act. The court held that a jury must unanimously find that the qualifying convictions were from separate occurrences for the mandatory minimum to apply.
A UK High Courtruled Monday that a ban on puberty blockers issued in May 2024 in the UK was lawful. TransActual condemned the court’s decision to uphold the ban. ” The post UK High Courtrules ban on puberty blockers is lawful appeared first on JURIST - News. risks and no or very limited clear benefits.”
As a litigation paralegal, you need to be good at finding the relevant courtrule quickly. I would go back to my office and spend far too long trying to find the relevant courtrule. Back then, there was no such thing as Google or online courtrules. This one is based on the Federal Rules of Civil Procedure.
The Pennsylvania Supreme Courtruled Tuesday that Article 1, Section 8 of the Pennsylvania Constitution offers greater protection to citizens from warrantless searches of their vehicles than does the Fourth Amendment of the United States Constitution. Thanks for your support! DONATE NOW.
The European Court of Human Rights (ECHR) ruled on Thursday that Azerbaijan violated the freedom of expression of a lawyer that was disbarred for filing a corruption complaint against the director of a legal consultancy. Regarding this, the courtruled that the applicant’s complaint was not a baseless accusation.
.’s Consent by Registration Law; The court held that the defendant failed to identify any binding case law demonstrating grounds for such differing opinions; ‘While it is true enough that Justice Alitos concurrence provides a window into the workings of that jurists mind,’ the courtruled, ‘concurring opinions have no legal (..)
The UK High Courtruled Friday that the Government’s climate strategy is inadequate and therefore violates the UK Climate Change Act 2008. The ruling comes nearly two years after a previous High Court judgment ordered the Government to strengthen its net zero strategy to bring it in line with the Climate Change Act.
.” The Court found that it could not allow incredibly difficult logistics to give license to Immigration Judges to skirt their responsibilities. The court remanded the case to the judge to reconsider Valarezo-Tirados’s petition.
In 2018, the European Court of Justice was similarly tasked with considering whether IP addresses constitute personal data in Benedik v Slovenia. The courtruled that the legal provision used by the police to obtain the subscriber information associated with the dynamic IP address is subject to the Convention’s scrutiny.
Because the wind power development would “have a significant adverse effect” on the practice of herding on the Fosen peninsula, the Supreme Courtruled that the license would violate the ICCPR unless substantial remedies were implemented.
The post Federal courtrules Artificial Intelligence cannot be an ‘inventor’ under US patent law appeared first on JURIST - News - Legal News & Commentary.
Based on these two conclusions, the court affirmed the district court’s order denying Uber’s motion to compel arbitration. The post Federal appeals courtrules Uber cannot force arbitration of disability discrimination claims appeared first on JURIST - News - Legal News & Commentary.
The US Supreme Courtruled 5-4 Wednesday that Texas does not have the authority to regulate gaming on the Ysleta del Sur Pueblo reservation in El Paso, Texas. The post US Supreme Courtrules Texas may not regulate legal gambling on Native American reservation appeared first on JURIST - News.
Poland’s constitutional courtruled on Thursday that some parts of EU law are not compatible with the Polish constitution and declared that the constitution supersedes EU laws, setting off a legal crisis within the EU. The primacy of EU law must be undisputed.
With regards to the request for expungement of the Madras High Court’s remarks, the court clarified that since such remarks were made orally, they are not a part of the official judicial record and hence the question of expungement does not arise.
The US Supreme Courtruled then that under the Fourth Amendment, police must have a warrant in order to obtain cell-site location information from wireless carrier’s databases. The Supreme Court of Pennsylvania distinguished Carpenter from Dunkins. United States.
Learn how big tech has changed the legal industry Free Guide The Small Firm’s Guide to Big Tech While any change in how you operate your law office can feel overwhelming, there’s never been a better time to start migrating your office structures online. In a competitive legal world, AI is a winner. That's the only way to succeed today!
The judgment means that Los Angeles County will not be legally required to house homeless people in Skid Row. A three-judge panel of the US Court of Appeals for the Ninth Circuit unanimously decided Thursday that the decision of Judge David Carter, who oversaw the case in April 2020 , failed to follow legal requirements.
The US Department of Justice filed an appeal on Friday with the US Court of Appeals for the Fifth Circuit challenging a lower courtruling in July blocking new applications to the Deferred Action for Childhood Arrivals (DACA) program.
The UK Supreme Court held Thursday that Surrey’s planning authorities acted unlawfully when granting planning permission for an oil well development in 2019. The courtruled that the authorities should have considered certain environmental impacts when making the decision.
The US Supreme Courtruled in a 6-3 opinion Thursday that mistakes of law—and not only mistakes of fact—could protect parties from losing their copyrights on grounds of inaccurate registration. The post US Supreme Courtrules mistakes of law can excuse copyright registration inaccuracies appeared first on JURIST - News.
The Court of Justice of the European Union Thursday held that Lithuanian law ordering the automatic detention of asylum seekers was inconsistent with EU law. Ultimately, the court found that this law was in breach of article 6.
Civil asset forfeiture does not require that the owner of the property actually be charged or convicted of a crime, and in most cases the standard for seizure is much lower than the traditional “beyond a reasonable doubt” criminal legal standard of proof.
The UK’s High Cout of Justice on Tuesday ruled that recent amendments to protest laws enacted by the Secretary of State were unlawful. The court’s judgment comes as a result of a legal challenge to the amendments brought by the National Council of Civil Liberties.
However, the court found the 2021 reform conflicted with Article 103 of the Basic Law. The majority stated the purpose of the law is to “ensure legal certainty” and guarantee German citizens protection from criminal double jeopardy.
The post California courtrules gig worker initiative unconstitutional appeared first on JURIST - News - Legal News & Commentary. For two years, drivers have been saying that democracy cannot be bought. And today’s decision shows they were right.”.
The post Germany top courtrules Berlin rent cap is unconstitutional appeared first on JURIST - News - Legal News & Commentary. Landlords and property investment firms, however, have criticized the law for interfering with the housing market and policy.
The decision shares similarities with a Dutch decision in 2019 where the Dutch High Court stated that the government’s response to climate change fell short of the standards necessary to protect the citizenry from threats to their lives and wellbeing that climate change gives rise to.
The UK Supreme Courtruled Wednesday that part of the UK’s trade union laws are incompatible with the European Convention on Human Rights (ECHR). The Supreme Court disagreed with this. UNISON, whose legal team represented Mercer in court, celebrated the success of the case.
While lower courts had ruled in favor of Facebook, the Federal Court reversed those rulings, determining that the company’s community standards policy violated the users’ right to free expression.
The Indian Supreme Courtruled on Wednesday that women can sit for the NDA (National Defence Academy) admission exam in a landmark interim order which will allow more women to serve in India’s armed forces.
The Illinois Supreme Courtruled on Thursday that the odor of raw cannabis is sufficient to justify a warrantless vehicle search. ” Molina asked the trial court to suppress the raw cannabis as evidence in trial. ” Molina asked the trial court to suppress the raw cannabis as evidence in trial.
The Hungarian Constitutional Courtruled against a petition from Prime Minister Viktor Orban’s government Friday, seeking to challenge a ruling from the Court of Justice of the European Union that held Hungary’s asylum policies broke European law.
A federal court in Pennsylvania ruled that undated mail-in ballots must be counted in a Monday decision that could significantly influence future elections in the state. The ruling comes from NAACP v. ” Nevertheless, the court chose not to proceed with this claim.
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