Misplaced Pages

#866133

52-720: The land that became the County of Baden was originally ruled by the Counts of Lenzburg . Once that family's main line died out, it came under the Kyburgs and then in 1264 the Habsburgs . The exact territories in the county changed often but originally included the western part of the Zürichgau and parts of the territory between the Rhine , Aare and Reuss rivers. In the 14th century,

104-779: A court of errors (or court of errors and appeals ), on the premise that it was intended to correct errors made by lower courts. Examples of such courts include the New Jersey Court of Errors and Appeals (which existed from 1844 to 1947), the Connecticut Supreme Court of Errors (which has been renamed the Connecticut Supreme Court ), the Kentucky Court of Errors (renamed the Kentucky Supreme Court ), and

156-400: A court of appeal(s) , appeal court , court of second instance or second instance court , is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal . In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to

208-496: A number of problems. The local nobility had the right to hold the low court in only about one-fifth of the territory. There were over 30 different nobles who had the right to hold courts scattered around the surrounding lands. All these overlapping jurisdictions caused numerous conflicts, but gradually the Confederation was able to acquire these rights in the county. The cities of Baden, Bremgarten and Mellingen became

260-470: A small proportion of trial court decisions result in appeals. Some courts, particularly supreme courts, have the power of discretionary review , meaning that they can decide whether they will hear an appeal brought in a particular case. Many U.S. jurisdictions title their appellate court a court of appeal or court of appeals . Both terms are used in the United States, but the plural form

312-570: A strong minority. The Reformed parishes were under the authority of the ecclesiastical court in Zurich, except for Birmenstorf and Gebenstorf which were under the Bernese court. The Jews of the Surbtal formed a Beth din or a rabbinical court with Tiengen . In the 18th century, they built two large synagogues. The County of Baden was dissolved after the 1798 French invasion . On 19 March 1798,

364-653: Is New Zealand's principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in the Supreme Court . The Court of Appeals of the Philippines is the principal intermediate appellate court of that country. The Court of Appeals is primarily found in Manila , with three divisions each in Cebu City and Cagayan de Oro . Other appellate courts include

416-766: Is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where the law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. The Court of Appeal of New Zealand, located in Wellington ,

468-521: Is more common in American English , while in contrast, British English uses only the singular form. The correct form is whichever is the statutorily prescribed or customary form for a particular court and particular jurisdiction; in other words, one should never write "court of appeal" when the court at issue clearly prefers to be called a "court of appeals", and vice versa. Historically, certain jurisdictions have titled their appellate court

520-564: The pagi of Aargau and Zürichgau . After the extinction of their male line in 1173, their lands were distributed between the houses of Kyburg , Zähringen and Hohenstaufen . Subsequent Habsburg expansion into former Lenzburg territories were one of several factors that led to the formation of the Old Swiss Confederacy in the late 13th century. The Lenzburg family was first mentioned in 1077 in connection with Lenzburg Castle , though they were probably descended from

572-717: The Carolingian Count Hunfrid of Rhaetia through a female line to the Lords of Schänis, the religious vogt over Schänis Abbey . Through this line, Ulrich (died 972) is usually considered the first member of the Lenzburg family. The Lenzburgs were related to several other noble houses including the Counts of Habsburg , Steffling in Regensburg and the Kyburgs . The spotty records and intermarriage between

SECTION 10

#1732781132867

624-506: The Protestant Reformation , some of the municipalities converted to the new faith. However, starting in 1531, some of the old parishes were converted back to the old faith . The governors were appointed from both Catholic and Protestant cantons and since they changed every two years, neither faith gained a majority in the county. The towns of Tegerfelden and Zurzach had a large Reformed majority, while many other towns had

676-639: The Sandiganbayan for cases involving graft and corruption, and the Court of Tax Appeals for cases involving tax. Appeals from all three appellate courts are to the Supreme Court . The Court of Appeal of Sri Lanka, located in Colombo , is the second senior court in the Sri Lankan legal system . In the United States, both state and federal appellate courts are usually restricted to examining whether

728-635: The pallium from Pope Leo IX when the Pope traveled through the Diocese of Lausanne in September and October 1050. He died on 16 January 1051 or 1056. Ulrich II was the grandson of Ulrich I (the rich) and nephew of Bishop Henry of Lausanne. He was the Count of Aargau and Frickgau and vogt of Beromünster, Zurich and Säckingen. He married Richenza of Habsburg (died on 27 May in some year around 1100). During

780-399: The "clear error" standard. Before hearing any case, the court must have jurisdiction to consider the appeal. The authority of appellate courts to review the decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, an appellate court's judgment provides the final directive of the appeals courts as to

832-481: The 17th century, the right to collect duties was auctioned off to the highest bidder. The county was the only federal condominium in the 17th century where Jews were tolerated. In 1774, they were restricted to just two towns: Endingen and Lengnau . While the rural upper class tried several times to finally expel the Jews, the financial interests of the authorities prevented this. The Jews were directly subordinate to

884-564: The Confederation, the Amt of Baden became the County of Baden. The county included the former Ämter of Baden and Siggenthal, the Bishop of Constance 's vogtei of Klingnau , Zurzach and Kaiserstuhl as well as the parish of Leuggern on the left side of the Aare. Initially, ownership of the county was shared between the seven cantons which had participated in the invasion. Starting in 1443 this

936-497: The Counts of Lenzburg. Rudolf's son Ulrich IV was a close friend of Frederick Barbarossa and after Ulrich's death he bequeathed the Lenzburg lands to Barbarossa. While there were numerous male Lenzburgs, both lines ended when Ulrich IV died. After the extinction of the Counts of Lenzburg, the Lenzburg lands eventually became part of the Habsburg lands. Expanding from these formerly Lenzburg lands into central Switzerland brought

988-572: The Federal Circuit , which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims on the other. In the United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals. Texas and Oklahoma have the final determination of criminal cases vested in their respective courts of criminal appeals, while Alabama and Tennessee allow decisions of its court of criminal appeals to be finally appealed to

1040-851: The Habsburgs into conflict with the Forest Cantons in the 13th century and led to the Eternal Alliance of 1291 and the eventual creation of the Old Swiss Confederation . The next time a member of the family is mentioned is in 1036 when the son of Arnold, Ulrich I (also known as the rich ) had the authority over the collegiate church of Beromünster and a county in Aargau that crossed the Aare River and included lands in central Switzerland. In 1045, he became

1092-645: The Investiture Controversy, he was a supporter of Emperor Henry IV. In 1077 he arrested the Papal legate Abbot Bernard of Marseilles, who had supported the election of the anti-king Rudolf of Rheinfelden , and fought Rudolf's forces. As a reward, the victorious Emperor, granted him the Zürichgau (lands around Zürich). His death date is unknown, but was after 1077. His sons Ulrich III, Rudolf I and Arnold II followed him as counts and also acquired

SECTION 20

#1732781132867

1144-655: The Mississippi High Court of Errors and Appeals (since renamed the Supreme Court of Mississippi ). In some jurisdictions, a court able to hear appeals is known as an appellate division . The phrase "court of appeals" most often refers to intermediate appellate courts. However, the New York Court of Appeals is the highest appellate court in New York. The New York Supreme Court is a trial court of general jurisdiction. The Supreme Court of Maryland

1196-614: The administrative centres and held the high courts. Together with the courts, the three administrative centres had considerable local autonomy but were ruled by a governor who was appointed by the Acht Orte every two years. After the Protestant victory at the Second Battle of Villmergen , the administration of the county changed slightly. Instead of the Acht Orte appointing a bailiff together, Zurich and Bern each appointed

1248-485: The canton of Baden into Aargau in 1803, the district gained the municipalities of Würenlingen , Bellikon , Künten , Remetschwil , Stetten , Mellingen , Wohlenschwil and Mägenwil (from neighbouring districts of the canton of Baden) but had to give up Hüttikon , Oetwil an der Limmat , Dietikon and Schlieren to the Canton of Zurich . After World War II, this formerly agrarian region saw striking growth and became

1300-412: The case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis . A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review , an appellate court decides the extent of

1352-422: The county, but with limited success. With an ever-changing administration, the county lacked a coherent long-term economic policy or support for reforms. By the end of the 18th century there were no factories or mills and only a few small cottage industries along the border with Zurich. Road construction first became a priority after 1750, when Zurich and Bern began appointing a governor for seven years. During

1404-504: The deciding vote in the event of a tie in the high court. Due to the limited jurisdiction and the short, two-year appointment, the governor's power was limited. The local courts and village mayors had quite a bit of autonomy. The governor's income came from a death tax (converted in 1666 into an annual tax), a tax on people leaving the county, a tolerance tax on the Jews and customs fees. However, customs fees brought in so little that in

1456-545: The deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court's findings. It is the duty of trial judges or juries to find facts, view the evidence firsthand, and observe witness testimony . When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error. The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify

1508-475: The district with the largest and densest population in the canton (110,000 in 1990, 715 persons per km2). 47°28′N 8°18′E  /  47.467°N 8.300°E  / 47.467; 8.300 Counts of Lenzburg The Counts of Lenzburg (also Counts of Baden by the early 12th century) were a comital family in the Duchy of Swabia in the 11th and 12th centuries, controlling substantial portions of

1560-710: The families makes it difficult to determine exactly which family held lands, but Ulrich clearly had land in the Hinterrhein valley and a position as vogt at Schänis Abbey. His son, Arnold, was appointed a vogt in 976 over the two largest monasteries in Zurich , the Grossmünster and Fraumünster , and their lands in Uri . When Ulrich II supported Emperor Henry IV during the Investiture Controversy he

1612-422: The first time in the appeal. In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and the appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only

County of Baden - Misplaced Pages Continue

1664-627: The governments of Zurich and Bern agreed to the creation of the short-lived Canton of Baden in the Helvetic Republic . With the Act of Mediation in 1803, the Canton of Baden was dissolved, becoming part of Aargau. Portions of the lands of the former County of Baden became the District of Baden , firstly in the Canton of Baden and then in the Canton of Aargau (from 1803). Upon the merging of

1716-520: The governor for 7 out of 16 years while Glarus appointed him for the remaining 2 years. The governor lived in the Landvogteischloss (Governor's Castle) in Baden, which was expanded in 1486–90. The governor had his own lower court and he was the appellate court for the local lords' courts. He appointed some of the local administrators and the high court judges at Baden. The governor cast

1768-455: The governor starting in 1696 when they were forced to buy a protecting and shielding letter every 16 years from the governor. The region was rarely profitable and being appointed a governor usually only resulted in modest wealth. Until the 18th century, the vast majority of residents in the county lived off of agriculture. They mostly grew grain, but in the Limmat, Aare and Surb valleys there

1820-556: The imperial vogtei of Zurich and the county of Zürichgau. In the early 12th century the Lenzburg lands were divided. The sons of Arnold II (died 1172) started calling themselves the "Counts of Baden ". They held Stein Castle in Baden together with Baldern Castle on the Albis ridge overlooking Zürich, and held the eastern part of the Lenzburg lands. The sons of Rudolf called themselves

1872-522: The left one arched window. Below the left corner tower there is a round topped door that opens to the left. Color: silver on a blue field. The helmet is silver with red or blue mantling . Another version was discovered on a gravestone in Muri in 1674, which had a castle flanked by two crenelated towers, but each tower had only one round topped window and in the center was a round topped door. Appellate court An appellate court , commonly called

1924-462: The lower court (an appeal on the record). While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by the type of jurisdiction they exercise. Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals , which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for

1976-409: The lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, U.S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for

2028-400: The lower court's decision if the appellate court believes the lower court misapplied the facts or the law. An appellate court may also review the lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an " abuse of discretion ". This standard tends to be even more deferential than

2080-439: The matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified. Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo ); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by

2132-684: The plans of the Emperors in what would become Switzerland. His sons Henry, the Bishop of Lausanne 1039–51/56, and Conrad, probably Bishop of Geneva 1020/30, both belonged to the Imperial Episcopate . Henry the son of Ulrich I was first mentioned in 1036 as the dean of Beromünster. He became the Bishop of Lausanne and was sent as the chief ambassador of the Kingdom of Burgundy to the funeral of Emperor Conrad II in 1039. He received

County of Baden - Misplaced Pages Continue

2184-453: The religious vogt over Schänis Abbey and restored it to prosperity and a sound economic footing by numerous gifts of property. He established a number of dependent farms and churches that surrounded and supported the Abbey. In the same year he convinced Emperor Henry III to grant Schänis Abbey, Beromünster and his County imperial immediacy . Under Conrad II and Henry III he helped support

2236-517: The state supreme court. The High Court has appellate jurisdiction over all other courts. Leave must be granted by the court, before the appeal matter is heard. The High Court is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States and Territories . Appeals to the High Court are by special leave only, which

2288-689: The territory of Baden became a triangle between the Limmat and Reuss rivers, though it was later divided further. As part of the Habsburg bailiwick of Aargau, it was managed by a bailiff , who had his seat in the town of Baden . On 16 November 1414, Emperor Sigismund called the Council of Constance to settle the Western Schism between the three popes ( Benedict XIII , Gregory XII , and John XXIII ), all of whom claimed legitimacy. Frederick IV of Habsburg sided with John XXIII. When John XXIII

2340-598: The vogtei over Rheinau . Ulrich IV was first mentioned in 1125. He was the son of Rudolf I of Lenzburg and Count of Aargau. Ulrich remained a supporter of the Emperor and in 1136/37 he took part in Emperor Lothar III 's Italian campaign. About ten years later in 1147–49, he joined the Second Crusade as a close confidant of King Conrad III . He joined the court of Frederick Barbarossa in 1152 and

2392-548: Was eine mit zwei zinnengekrönten Eckthürmen besetzte Mauer; im Eckthurme rechts drei Bogenfenster (1 über 2); im Thurm links ein Bogenfenster; unter demselben in der Mauer eine nach links auswärts geöffnet stehende Bogenthüre. Tinkturen: Blau in Silber. Helmzierde: ein von Silber und Roth (Blau?) gewecktes Kissen. or two crenelated towers flanking a wall. The right-hand corner tower had three arched windows (1 over 2);

2444-405: Was declared an antipope , he fled the city with Frederick's help. The emperor then declared the Habsburg lands forfeited and ordered the neighbouring countries to conquer those lands for the emperor. The city-state of Bern had already pledged their support of the emperor against the Habsburgs in 1414, and so they were ready to invade. The rest of the Confederation quickly followed. The territory

2496-469: Was expanded into all Eight Cantons or Acht Orte . It was divided into eight inner (Rohrdorf, Birmenstorf, Gebenstorf, Dietikon, Wettingen, Siggenthal, Ehrendingen, Leuggern) and three outer districts (Klingnau, Zurzach, Kaiserstuhl), which included the parishes of Kadelburg, Lienheim and Hohentengen on the right bank of the Rhine. The Confederates retained much of the Habsburg legal structure, which caused

2548-532: Was granted the Zürichgau or lands around Zürich. His brother Arnold I, became Count of the Frickgau in 1064 and vogt over Säckingen Abbey in 1073. When he died childless, those lands and titles came to the main Lenzburg line. Rudolf, the son of Ulrich II, ruled over the County of Aargau and lands in Unterwalden , Uri and Schwyz . In 1125 he became the vogt over Rheinau Abbey . His brother Arnold II held

2600-434: Was permanently at court for ten years. When he died without an heir on 5 January 1173, he bequeathed his lands to Frederick Barbarossa. The Emperor gave some of the lands to Albert III of Habsburg in 1173 and the rest to his son Otto of Burgundy in 1188. Otto added the title Count of Lenzburg to his titles. There were several versions of the Lenzburg coat of arms. The Allgemeine Deutsche Biographie states that it

2652-412: Was quickly conquered in 1415 by the Confederation. Under Habsburg rule, Aargau was divided into multiple sections ( German : Ämter ), which were maintained under the Confederation. Bern, Lucerne and Zurich were each given a portion of the conquered region to administer. The Freie Ämter and the Amt of Baden were collectively administered as subject territories by the rest of the Confederation. Under

SECTION 50

#1732781132867

2704-448: Was some viticulture . Most of the county's market towns held only local markets, which, however, provided a solid income source for the increasingly degree-indebted county. The chaotic legal structure and fragmented land ownership combined with a tradition of dividing the land among all the heirs in an inheritance prevented any large-scale reforms. The governor tried in the 18th century to reform and standardize laws and ownership across

#866133