A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. It is derived from the Latin term plenus, 'full'.
A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. It is derived from the Latin term plenus, 'full'.
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable remedy of the "interdict".
"When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court.
The legal system of Australia has multiple forms. It includes a written constitution, unwritten constitutional conventions, statutes, regulations, and the judicially determined common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.
The Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The states are separate jurisdictions with their own system of courts and parliaments, and are vested with plenary power. Some Australian territories such as the Northern Territory and the Australian Capital Territory have been granted a regional legislature by the Commonwealth.
The law of the United States comprises many levels of codified and uncodified forms of law, of which the supreme law is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.
The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of contract, tort, property, probate, criminal and family law, experienced by citizens on a day-to-day basis) consists primarily of state law, which, while sometimes harmonized, can and does vary greatly from one state to the next. Even in areas governed by federal law, state law is often supplemented, rather than preempted.
The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the Supreme Court", who serve until they die, resign, retire, or are impeached and convicted. The existence of a chief justice is only explicit in Article I, Section 3, Clause 6 which states that the chief justice shall preside over the impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump's first impeachment.
The chief justice has significant influence in the selection of cases for review, presides when oral arguments are held, and leads the discussion of cases among the justices. Additionally, when the court renders an opinion, the chief justice, if in the majority, chooses who writes the court's opinion; however, when deciding a case, the chief justice's vote counts no more than that of any other justice.
An associate justice of the Supreme Court of the United States is a justice of the Supreme Court of the United States, other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of 1869.
Article II, Section 2, Clause 2 of the Constitution of the United States grants plenary power to the president to nominate, and with the advice and consent (confirmation) of the Senate, appoint justices to the Supreme Court. Article III, Section 1 of the Constitution effectively grants life tenure to associate justices, and all other federal judges, which ends only when a justice dies, retires, resigns, or is impeached and convicted.