The Court of Cassation does not give the ultimate decision on a case; it pronounces, not on the question of fact, but on the legal principle at issue, or the competence of the court giving the original decision.
The high average in Sardinia is chiefly due to cases within the competence of the conciliation offices.
The number of penal proceedings, especially those within the competence of praetors, has also increased,, chiefly on account of the frequency of minor contraventions of the law referred to in the section Crime.
Besides possessing competence in regard to local government elections, which previously came within the jurisdiction of the provincial deputations, the provincial administrative juntas discharge magisterial functions in administrative affairs, and deal with appeals presented by private persons against acts of the communal and provincial administrations.
The juntas are in this respect organs of~the administrative jurisprudence created in Italy by the law of the 1st of May 1890, in order to provide juridical protection for those rights and interests outside the competence of the ordinary tribunals.
" Perplexity " arose where the suffragans " could not owing to the geographical limitations of their competence do full justice " (Maitland, pp. 118-119).
The competence of the Russian parliament' thus constituted is strictly limited.
Dealing with the organization of the army and navy are outside its competence; these are no longer called " laws " but " ordinary administrative rules."
Two important classes in Russia stood more or less outside the competence of the above systems: the clergy and the peasants.
All civil cases involving less than z oo roubles value were within their competence, and more important cases by consent of the parties.
The clergy having thus another authority, and one moreover more canonical, to appeal to, the power of the archdeacons gradually declined; and, so far as the Roman Catholic Church is concerned, it received its death-blow from the council of Trent (1564), which withdrew all matrimonial and criminal causes from the competence of the archdeacons, forbade them to pronounce excommunications, and allowed them only to hold visitations in connexion with those of the bishop and with his consent.
His SOD, Edouard Constant Biot (1803-1850), after amassing a competence from railway engineering, turned to the study of Chinese subjects, and published Causes de l'abolition de l'esclavage ancien en occident (1840); Dictionnaire des noms anciens et modernes des villes et des arrondissements compris dans l'empire chinois (1842); Essai sur l'histoire de l'instruction publique en Chine et de la corporation des lettres (1847); Memoire sur les colonies militaires et agricoles des chinois (1850).
For the purposes of scientific topography observation of the natural features and outlines is followed by exact investigation of the architectural structures or remnants, a process demanding high technical competence, acute judgment and practical experience, as well as wide and accurate scholarship. The building material and the manner of its employment furnish evidence no less important than the character of the masonry, the design and the modes of ornamentation.
How far the financial administration was removed from the competence of the provincial governors, as it seems to have been in Alexander's system, we cannot say.
Each of the signatory powers is to designate within three months from the ratification of the convention four persons at the most, of recognized competence in international law, enjoying the highest moral consideration, and willing to accept the duties of arbitrators.
Together with the kings and ephors it formed the supreme executive committee of the state, and it exercised also a considerable criminal and political jurisdiction, including the trial of kings; its competence extended to the infliction of a sentence of exile or even of death.
Nothing further was done in Natal up to the establishment of the Union of South Africa, when all questions specially or differentially affecting Asiatics were withdrawn from the competence of the provincial authorities.
The establishment of the Union of South Africa removed from the competence of the Transvaal provincial council all legislation specially or differentially affecting Asiatics.
So that while we admire the variety of his work, we also admire the competence of his effort.
The formation of the coalition and the outbreak of war for a while raised his hopes, in spite of his lively distrust of the competence of Austrian ministers; but the hopes were speedily dashed by Austerlitz and its results.
Nothing is known of his early history beyond the fact that, after amassing a small competence as a popular lecturer on natural philosophy, he settled in Edinburgh to live a very retired life in the society of his apparatus alone.
After his resignation he was impeached for abuse of power as minister, but the supreme court quashed the impeachment by denying the competence of the ordinary tribunals to judge ministerial acts.
On the 2nd of May 1877, the Landesausschuss was itself empowered to initiate legislation within the competence of the territory, and in 1879 the imperial viceroy (Statthalter), representing the imperial chancellor, who had until then been the responsible minister, took up his residence in Strassburg.
The president of the republic enjoys such executive power as is expressly assigned to him by the constitution, and he has his own office - the president's bureau - presided over by a permanent official, to conduct such matters as fall within his competence and to facilitate communication with the rest of the executive.
It was on his motion that, on the 25th of February, the government undertook "to guarantee the existence of the workmen by work"; and though his demand for the establishment of a ministry of labour was refused - as beyond the competence of a provisional government - he was appointed to preside over the government labour commission (Commission du Gouvernement pour les travailleurs) established at the Luxembourg to inquire into and report on the labour question.
- He wrote for a number of periodicals; and although he has stated that he would at this time willingly have "turned to stone-breaking on the roads, or any other form of hard and honest but unscientific labour, if a modest competence had been offered" him in any such direction, he attained a high degree of popularity, and his numerous works had a wide influence in familiarizing the public with the main facts of astronomy.
Thus, to take the latter one, if we suppose that of two editors of equal competence A requires a probability of four-fifths to admit a reading into his text and B a probability of three-fifths only, then in all the cases in which the probability lies between these two fractions B will be right seven times to A's three, while outside these limits there will be no difference between them.
During these years he saved a competence and gained a thorough acquaintance with the theory and practice of finance.
In spite of his caprices he appears to have shown competence in the management of external affairs; enterprises of pretenders both in Egypt and Syria were crushed with promptitude; and his name was at times mentioned in public worship in Aleppo and Mosul.
Mostan~ir then summoned to his aid Badr a1-Jam~li, an Armenian who had displayed competence in various posts which he had held in Syria, and this person early in 1074 arrived in Cairo accompanied by a bodyguard of Armenians; he contrived to massacre the chiefs of the party at the time in possession of power, and with the title AmIr al-Juyush (prince of the armies) was given by Mostan~ir complete control of affairs.
The jurisdiction exercised by consuls in civil and criminal affairs Lord Cromer proposed should cease pan passu with the provision by the Egyptian government, under the powers conferred by the treaty required to set up the new council, of courts having competence to deal with such matters, various safeguards being introduced to prevent injustice in criminal cases.
Successive actions at law resulted in the ruling that it was not within the competence of the founder to divert any portion of the revenues of his foundation to the use of others than the members thereof, as specified in the letters patent.
He extended the competence of the ecclesiastical tribunals, suppressed unjust taxes and undertook to select the counts from the districts they had to administer.
In the centre of this group is King James (q.v.) himself, poet and writer of prose; but he yields in literary competence to Alexander Scott and Alexander Montgomerie.
Many a medieval miracle-worker was supposed to derive his competence from his knowledge of the secret of the Name.
But if transcendental method has no special pride of place, Kant's conclusion as to the limits of the competence of intellectual faculty falls with it.
He takes courage from the reflection that to accept scepticism is to presume the competence of the thought that accepts.
Like Sir Thomas More he held that it was entirely within the competence of the national state, represented by parliament, to determine questions of the succession to the throne; and although Elizabeth did not renew his commission as lord chancellor, he continued to sit in the privy council for two months until the government had determined to complete the breach with the Roman Catholic Church; and as late as April 1559 he assisted the government by helping to arrange the Westminster Conference, and reproving his more truculent co-religionists.
These were few in number during the early days of the Capetian dynasty; for though the king always maintained the principle that he was judge, and even that his competence in this respect was general and unlimited, this competence was at the same time undefined and it was not compulsory to submit cases to the king.
During the 12th and at the beginning of the 13th centuries the curia regis continued to discharge these functions, except that its importance and actual competence continued to increase, and that we frequently find in it, in addition to the vassals and prelates who formed the council, consiliarii, who are evidently men whom the king had in his entourage, as his ordinary and professional councillors.
The judicial competence of the Parlement developed and became more clearly defined; the system of appeals came into existence, and appeals against the judgments of the baillis and seneschals were brought before it; cases concerning the royal towns, the bonnes villes, were also decided by it.
They could make regulations (pouvoir reglementaire) having the force of law within their province, upon all points not settled by law, when the matter with which they dealt fell within their judicial competence, and for this it was only necessary that their interference in the matter was not forbidden by law.
Only in matters of foreign politics and war was their competence restricted.
But these and similar anecdotes must be received with caution, and it should be remembered that what was a competence in his day would have been considered poverty by the Romans of later times.
He retired with a sufficient competence, and went into Parliament in 190o as Conservative and Unionist member for the Blackfriars division of Glasgow.
It was determined in 1648 that the one of these two judicial authorities which first dealt with a case should alone have competence to pursue it.
It is true that Bentham expressly recognizes the varying influences of climate, race, religion, government, as considerations which it is important for the legislator to take into account; but his own work of social construction was almost entirely independent of such considerations, and his school generally appear to have been convinced of their competence to solve all important ethical and political questions for human beings of all ages and countries, without regard to their specific differences.