In The Publick Spirit of the Whigs, it may be noted, Swift himself contemptuously dismissed Steele's reference to his friend at court: `` I suppose by the Style of old Friend, and the like, it must be some Body there of his own Level ; ;

A court may strike down a law on the basis of an intuitive feeling that the law is inimical to the numerical majority.

if a receiver or trustee for any such partnership or corporation, duly appointed by a court of competent jurisdiction in the United States, makes an assignment of the claim, or any part thereof, with respect to which an award is made, or makes an assignment of such award, or any part thereof, payment shall be made to the assignee, as his interest may appear ; ;

`` The statements may be highly prejudicial to my client '', Bellows told the court.

`` Actually, the abuse of the process may have constituted a contempt of the Criminal court of Cook county, altho vindication of the authority of that court is not the function of this court '', said Karns, who is a City judge in East St. Louis sitting in Cook County court.

This is usually done on the basis that the lower court judge erred in the application of law, but it may also be possible to appeal on the basis of court misconduct, or that a finding of fact was entirely unreasonable to make on the evidence.

An appeal " by leave " or " permission " requires the appellant to obtain leave to appeal ; in such a situation either or both of the lower court and the appellate court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.

Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law " by leave " from the trial court and / or the appellate court.

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.

For example, a criminal defendant may be convicted in state court, and lose on " direct appeal " to higher state appellate courts, and if unsuccessful, mount a " collateral " action such as filing for a writ of habeas corpus in the federal courts.

In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.

If the appellate court does find a legal defect in the decision " below " ( i. e., in the lower court ), it may " modify " the ruling to correct the defect, or it may nullify (" reverse " or " vacate ") the whole decision or any part of it.

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

In some cases, an appellate court may review a lower court decision " de novo " ( or completely ), challenging even the lower court's findings of fact.

What better affirmative step could be taken to this end than repeal of the Connally amendment -- an act which could expose the United States to no practical risk yet would put an end to our self-judging attitude toward the court, enable us to utilize it, and advance in a tangible way the cause of international law and order??

if a receiver or trustee for any such partnership or corporation has been duly appointed by a court of competent jurisdiction in the United States and has not been discharged prior to the date of payment, payment shall be made to such receiver or trustee in accordance with the order of the court ; ;

The court issued a temporary restraining order, directing us to resume referrals.

We, of course, obeyed the court order.

second, that both actual and pending desegregation is, with few exceptions, the product or result of court order.

Desegregation and court order

Now let's look at the evidence that shows the increase in desegregation and such increase as a result of court order.

The action was a result of a court order, the citation for which ( and for other court action mentioned in this paper ) is taken from the Summary Report for this Conference.

Additional school desegregation in Tennessee resulted from a court order opening a school serving children of military personnel.

Desegregation in Pulaski County is pending because of court order, although date of admission is not yet determined.

The record is clear that increase in school desegregation last year came largely as a result of a court order ; ;

The motorist later was identified as Richard Sarkees, 17, of 2433 McClellan, currently on probation and under court order not to drive.

In the federal courts, the parties ' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the Supreme Court.

In the U. S. federal court system, criminal defendants must file a notice of appeal within 10 days of the entry of either the judgment or the order being appealed, or the right to appeal is forfeited.

In order for the appeal to succeed, the appellant must prove that the lower court committed reversible error, that is, an impermissible action by the court acted to cause a result that was unjust, and which would not have resulted had the court acted properly.

In some cases, an appellant may successfully argue that the law under which the lower decision was rendered was unconstitutional or otherwise invalid, or may convince the higher court to order a new trial on the basis that evidence earlier sought was concealed or only recently discovered.

In the federal system, Federal Rule of Criminal Procedure 32 ( i )( 4 ) provides that the court must " address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence.

Many anarchists also argue that private defense and court agencies would have to have a good reputation in order to stay in business.

The ADA allows private plaintiffs to receive only injunctive relief ( a court order requiring the public accommodation to remedy violations of the accessibility regulations ) and attorneys ' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses.

When a personal injury claim is settled either in court or out of court, the most common way the compensation payment is made is by a lump sum award in full and final settlement of the claim.

The protection offered by a liability insurance policy is twofold: a legal defense in the event of a lawsuit commenced against the policyholder and indemnification ( payment on behalf of the insured ) with respect to a settlement or court verdict.

While the date of his death is not known, " Dowland's last payment from the court was on 20 January 1626, and he was buried at St Ann's, Blackfriars, London, on 20 February 1626.

The report from this journey, which included sharp criticism of the governor of Saratov, was not well received at court, and the Forsters claimed they had not obtained fair payment for their work and had to move house.

* Hospitals and related services cannot receive a judgment against the patient in court filings made more than 36 months after the date the patient was discharged, or the last partial payment the patient made to the hospital, contractor, or agent.

* If a patient has been awarded monetary damages against the hospital or any related or affiliated services by a court of law, or has settled out of court on damages, the hospital and related / affiliated services may not withhold monies due to lack of payment, or count the money toward the bill in lieu of making payment to the patient.

When they arrived in Sydney, Bligh, backed up by statements from two of Short's officers, had Short stripped of the captaincy of the Porpoise – which he gave to his son-in-law – cancelled the land grant Short had been promised as payment for the voyage and shipped him back to England for court martial, at which Short was acquitted.

He was released on the payment of £ 100 on condition that he pay restitution to the claimant, and remain within the jurisdiction of the court.

They also delayed the payment of military personnel and of the king officers as well as payments to the court suppliers.

Philip was responsible for the creation of the cours des comptes in 1320, a court responsible for auditing the royal accounts to ensure proper payment ; the courts still exist today.

So then the debtor would run to the court of equity, plead that there was an unconscionable forfeiture about to occur, and beg the court to grant an equitable decree requiring the lender to surrender the property upon payment of the secured debt with interest to date.

" The case was settled out of court with a $ 3 million payment.

County court bailiffs are employed by Her Majesty's Courts Service and carry out enforcement for county courts-mainly involving payment of unpaid county court judgments.

Typically a claimant will be outside the jurisdiction of the court: the law of security for costs recognises that orders of the court relating to payment of a party's legal costs can be very difficult to enforce in non-common law jurisdictions, and so will order security to be provided.