The Connally amendment says that the United States, rather than the court, shall determine whether a matter is essentially within the domestic jurisdiction of the United States in a case before the World Court to which the United States is a party.

If the case is thus determined by us to be domestic, the court has no jurisdiction.

But it is crucial that here, unlike Burford, the trial court was ordered to retain the case until the state courts had had a reasonable opportunity to settle the state-law question.

`` Unfortunately '', says Chief Postal Inspector David H. Stephens, who has prosecuted many device quacks, `` the ghouls who trade on the hopes of the desperately ill often cannot be successfully prosecuted because the patients who are the chief witnesses die before the case is called up in court ''.

William A. Redding asserted that if the case had been heard in open court under rules of evidence, the testimony would have been completed in sixty days instead of five years.

He asked members of the panel to tell him if anyone outside the court had spoken to them about the case.

In United States appellate procedure, an appeal is a petition for review of a case that has been decided by a court of law.

The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted.

Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds.

The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered.

This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses ( in some cases twice ) as the appeals work their way up the court hierarchy.

The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance — usually the court that tried the case.

Generally, an appeal of the judgment will also allow appeal of all other orders or rulings made by the trial court in the course of the case.

However, certain critical interlocutory court orders, such as the denial of a request for an interim injunction, or an order holding a person in contempt of court, can be appealed immediately although the case may otherwise not have been fully disposed of.

The highest state court, generally known as the Supreme Court, exercises discretion over whether it will review the case.

It may, in addition, send the case back (" remand " or " remit ") to the lower court for further proceedings to remedy the defect.

This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only upon written submissions to the trial court and not on any trial testimony.

After an appeal is heard, the " mandate " is a formal notice of a decision by a court of appeal ; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court.

The action of the Commission in allowing or denying any claim under this title shall be final and conclusive on all questions of law and fact and not subject to review by the Secretary of State or any other official, department, agency, or establishment of the United States or by any court by mandamus or otherwise.

Instead of holding Lincoln in contempt of court as was expected, the judge, a Democrat, reversed his ruling, allowing the evidence and acquitting Harrison.

In France, Santo Daime won a court case allowing them to use the tea in early 2005 ; however, they were not allowed an exception for religious purposes, but rather for the simple reason that they did not perform chemical extractions to end up with pure DMT and harmala and the plants used were not scheduled.

She made a public statement after her release, saying: " I would just like to thank the court for allowing me these 90 days ... helped me deal with a very gnarly drug problem, which is behind me ...

A writ of habeas corpus, also known as the Great Writ, is a summons with the force of a court order ; it is addressed to the custodian ( a prison official for example ) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the person.

This policy essentially attempts to provide a mechanism for rapid, cheap and reasonable resolution of domain name conflicts, avoiding the traditional court system for disputes by allowing cases to be brought to one of a set of bodies that arbitrate domain name disputes.

He was thought of allowing his wife, Nur Jahan, too much power and her continuous plotting at court is considered to have destabilized the imperium in the final years of his rule.

Other rule changes enacted in 2000 include allowing serves in which the ball touches the net, as long as it goes over the net into the opponents ' court.

) The court also rejected as an argument the potential lack of inter-state conformity that might result from a legal recognition of same-sex marriages in Vermont, pointing out that Vermont already allowed for certain marriage contracts not recognized by other states ( including first-cousin marriages ), and noting that such concerns had not prevented the passage of similarly unique laws allowing same-sex couples to adopt.

The Tang law code ensured equal division of inherited property amongst legitimate heirs, allowing a bit of social mobility and preventing the families of powerful court officials in becoming landed nobility through primogeniture.

This included allowing relaxations in the type of people who could come to court ( a change which allowed people of merit, as well as birth, to rise rapidly in the hierarchy of imperial favor at court ), relatively lax dress etiquette, and the abolition of certain antiquated court rituals, including one in which dozens of courtiers could be present in the Empress ' bedchamber while she gave birth.

A court judgment in March 1902 invalidated Edison's claim, allowing any producer or distributor to use the Edison 35 mm film design without license.

In cases of incompetent minors, informed consent is usually required from the parent ( rather than the ' best interests standard ') although a parens patriae order may apply, allowing the court to dispense with parental consent in cases of refusal.

Bligh also upset some people by allowing a group of Irish convicts to be tried for revolt, by a court that included their accusers, and then when six out of the eight were acquitted, he kept them under arrest anyway.

The colonial powers, first Germany and then Belgium, allied with the Rwandan court, allowing it to conquer the remaining autonomous kingdoms along its borders and racializing the system of minority Tutsi dominance created under Rwabugiri.

A series of provincial superior court decisions allowing same-sex marriage led the federal government to introduce legislation that introduced same sex marriage in all of Canada.

After a custody battle, a court ruling granted Gilbride partial custody of Zackary, allowing him unsupervised visits with his son.

Instead, he remained south of the Loire River, where he was still able to exert some small amount of power, maintaining an itinerant court in the Loire Valley at castles such as Chinon, being customarily known as " Dauphin " still, or derisively as " King of Bourges " ( named after the town where he generally lived ), periodically considering flight to the Iberian Peninsula, and allowing the English to advance in power.

This downsizing took place gradually, allowing the city to court new investment in other industries, avoiding the fate of many post-industrial cities and keeping it a very wealthy and prosperous area home of many high-income executives.

As a general rule, appeals are now limited to a review of the decision of the lower court, only allowing a full appeal where there was a serious procedural irregularity or the decision was wrong through " blatant error ".

* Tribunal de Contas da União, the Brazilian federal court of accounts

A recent court case involving caapi-containing ayahuasca ( which also contains other plants containing the controlled substance DMT, introduced from the Psychotria viridis plant ), Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, was found in favor of the União do Vegetal, a Brazilian religious sect using the tea in their ceremonies and having around 130 members in the United States.

`` By winning against Bradley, Kentucky and Notre Dame on those teams' home courts, they showed that the home court advantage can be overcome anywhere and that it doesn't take a super team to do it ''.

In an adversarial system, appellate courts do not have the power to review lower court decisions unless a party appeals it.

Alford guilty plea, an " I'm guilty but I didn't do it " plea and the Alford doctrine ) in United States law is a guilty plea in criminal court, where the defendant does not admit the act and asserts innocence.

One of the things the court has to do is figure out how to answer new questions, and that is what happened in this case.

As all the convict records had been left behind in England, he could not do so, and the court ordered the captain to make restitution.

" God knows I go with a heavy heart ," he wrote six days later to his friend and political ally in England, Lord Godolphin, " for I have no hope of doing anything considerable, unless the French do what I am very confident they will not … " – in other words, court battle.

Before 1873, England had two parallel court systems: courts of " law " that could only award money damages and recognized only the legal owner of property, and courts of " equity " ( courts of chancery ) that could issue injunctive relief ( that is, a court order to a party to do something, give something to someone, or stop doing something ) and recognized trusts of property.

According to article 37, paragraph 4 of Charter of Fundamental Rights and Basic Freedoms people who do not speak Czech have the right to get an interpreter in a court of law.

As part of this notice procedure, there may have to be several notices, first a notice giving class members the opportunity to opt out of the class, i. e. if individuals wish to proceed with their own litigation they are entitled to do so, only to the extent that they give timely notice to the class counsel or the court that they are opting out.

Still, because we do not have much information about what occurred while Eleanor was in Poitiers, all that can be taken from this episode is that her court there was most likely a catalyst for the increased popularity of courtly love literature in the Western European regions.

Many Asian civilizations distinguish between art / court / classical styles and " folk " music, though cultures that do not depend greatly upon notation and have much anonymous art music must distinguish the two in different ways from those suggested by western scholars.

What Contarini had to do with it is shown by his letters to the pope in which he complained of the schism in the church, of simony and flattery in the papal court, but above all of papal tyranny, its least grateful passages.

A youth court has jurisdiction to try all indictable offences with the exception of homicide and certain firearms offences, and will normally do so provided that the available sentencing power of 2 years detention is adequate to punish the offender if found guilty.

If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court ( ICC ), the relationship is expressly based on the principle of complementarity, i. e. the international court is subsidiary or complementary to national courts, the difficulty is avoided.

* Anything you say or do can and will be held against you in a court of law.

In another incident, the magistrate of a Durban court ordered Gandhi to remove his turban, which he refused to do.

One must also note that in addition to redacting the Mishnah, Rabbi and his court also ruled on which opinions should be followed, though the rulings do not always appear in the text.

Robert Yates argued: " The supreme court then have a right, independent of the legislature, to give a construction to the constitution and every part of it, and there is no power provided in this system to correct their construction or do it away.

Concluding quickly that since a writ of mandamus, by definition, was the correct judicial means to order an official of the United States ( in this case, the Secretary of State ) to do something required of him ( in this case, deliver a commission ), Marshall devotes the remainder of his inquiry at the second part of the question: " Whether it writ can issue from this court.

This may require the jury to decide between conflicting medical evidence which they are not necessarily equipped to do, but the law goes further and allows them to disagree with the experts if there are facts or surrounding circumstances which, in the opinion of the court, justify the jury in coming to that conclusion.

If he did visit the English court, he was the first reigning King of Scots to do so in more than eighty years.

Trials and hearings that do not result in written decisions of a court of record do not create precedent for future court decisions.