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Page "belles_lettres" ¶ 1265
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court and may
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 ; ;
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.

court and strike
) The court first ruled that the strike constituted only an indirect interference with commerce.
The commonly heard request is " move to strike ", with the intent to erase previous testimony or court proceeding from record.
Each player uses a racket that is strung to strike a hollow rubber ball covered with felt over a net into the opponent's court.
Pinches normally strike the side wall towards the front part of the court, often within a few inches from the front wall.
The Act was a complete failure: only one panel was ever convened under the Act, and that one, in the case of the 1894 Pullman Strike, issued its report only after the strike had been crushed by a federal court injunction backed by federal troops.
The court may, on the other hand, also require the employer to restore the status quo as a condition of any injunctive relief against a strike.
Hay and Geer participated in a milk strike in Los Angeles, where Hay was first exposed to radical gay activism in the person of " Clarabelle ", a drag queen who held court in the Bunker Hill neighborhood, who hid Hay from police.
In August, two miners from Manton, who protested that the strike was not ' official ' without a ballot, took the NUM to court.
The National Association of Colliery Overmen, Deputies and Shotfirers ( NACODS ) nearly went on strike in September ; this was one point where the balance seemed to be tipping in favour of the miners, but Scargill's subsequent contempt of court orders caused the NUM to be fined and lost it wider support in the trade union movement.
Neither court has the power to strike down primary legislation ( i. e., laws passed by the Parliament ).
Olney obtained an injunction in federal court barring union leaders from supporting the strike and demanding that the strikers cease their activities or face being fired.
Debs not only ignored the federal court injunction he instead called a general strike of all union members in Chicago, but it was opposed by Samuel Gompers, head of American Federation of Labor, and other established unions, and failed.
He secured injunctions in federal court, which Debs and the other strike leaders ignored.
The strike imperiled the operations of the court system in the state of Victoria.
In Jean Hill's Warren Commission testimony she stated that a Secret Service agent told her on November 22, right after the attack, that another Secret Service agent, watching from the court house, saw a bullet strike, " at my feet " and kick up debris.
The union, in fact, not only took over several GM factories in Flint, including one that made the dies necessary to stamp automotive body parts and a companion facility in Cleveland, Ohio, but held on to those sites despite repeated attempts by the police and National Guard to retake them and court orders threatening the union with ruinous fines if it did not call off the strike.
If such an association does not exist, in most jurisdictions the property owner may petition a court of law to have the restrictive covenants modified or repealed, and the judge presiding over the case will making a ruling to either leave the covenants in place as is, amend the covenants, or strike them from the deed.
Secondly, the court has power to strike out the Particulars of Claim.
It bans " unfair " union practices, outlaws closed shops, and authorizes the President to seek federal court injunctions to impose an eighty-day cooling-off period if a strike threatened the national interest.
The United Supreme Supreme Court did strike down restrictive provisions in a ballot access law in Anderson v. Celebrezze ,' 460 U. S. 780 ( 1983 ), but most of the subsequent court rulings in the 1980s-2000s ( decade ) continued to upheld strict ballot access laws in both primary and general elections.
The reform package included a number of issues: such as the right of individuals to appeal to the highest court, the creation of the ombudsman ’ s office, the possibility to negotiate a nation-wide labour contract, positive exceptions for female citizens, the ability of civilian courts to convict members of the military, the right of civil servants to go on strike, a privacy law, and the structure of the Constitutional Court.
Many have tried to run the 367 metres ( 401 yards ) around the court in the 43. 6 seconds that it takes to strike 12 o ' clock.
Indoor cricket is officiated by one umpire who is situated outside of the playing area at the strike batsmen's end of the court.
His most dramatic dissent was when the court voided President Truman's seizure of the steel industry during a strike in a June 3, 1952 decision, Youngstown Sheet & Tube Co. v. Sawyer.

court and down
In the grand court of the Palace, notable for its tiers of Moorish galleries that looked down on the maelstrom of vehicles below, Vernon's station was at the entrance.
:: When the stables were burnt down, on returning from court Confucius said, " Was anyone hurt?
It is also rare for FISA warrant requests to be turned down by the court.
* 1996 – The child protection portion of the Communications Decency Act is struck down by a U. S. federal court as too broad.
Some legal technicalities govern legal procedure, enable or restrict access to courts, and / or enable or limit the discretion of a court in handing down judgment.
* 1986 – Nezar Hindawi is sentenced to 45 years in prison, the longest sentence handed down by a British court, for the attempted bombing on an El Al flight at Heathrow.
In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case.
When the Taiping Rebellion broke out in 1850s, the Qing court found out belatedly that the Banner and Green Standards troops could neither put down internal rebellions nor keep foreign invaders at bay.
Even the most conservative elements within the Qing court could no longer ignore China's military weakness in contrast to the foreign " barbarians " literally beating down its gates.
( These were later struck down in court.
Though the Court upheld a law prohibiting the forgery, mutilation, or destruction of draft cards in United States v. O ' Brien,, fearing that burning draft cards would interfere with the " smooth and efficient functioning " of the draft system, the next year, the court handed down its decision in Brandenburg v. Ohio,, expressly overruling Whitney v. California, ( a case in which a woman was imprisoned for aiding the Communist Party ).
Soon after publication, Vesalius was invited as Imperial physician to the court of Emperor Charles V. He informed the Venetian Senate that he was leaving his post in Padua, which prompted Duke Cosimo I de ' Medici to invite him to move to the expanding university in Pisa, which he turned down.
The first rules, written down by William G Morgan, called for a net 6 ft 6 in ( 1. 98 m ) high, a 25 × 50 ft ( 7. 6 × 15. 2 m ) court, and any number of players.
These contacts usually consist first of the bump or pass so that the ball's trajectory is aimed towards the player designated as the setter ; second of the set ( usually an over-hand pass using wrists to push finger-tips at the ball ) by the setter so that the ball's trajectory is aimed towards a spot where one of the players designated as an attacker can hit it, and third by the attacker who spikes ( jumping, raising one arm above the head and hitting the ball so it will move quickly down to the ground on the opponent's court ) to return the ball over the net.
The probate court in Licking County, Ohio, burned down in 1875 and destroyed all previously recorded records except land records.
* July 29 – The child protection portion of the Communications Decency Act ( 1996 ) is struck down as too broad by a U. S. federal court.
However, when Go-Toba, a grandson of Go-Shirakawa and Chiten at the time, planned to overthrow Kamakura Bakufu and failed ( Jōkyū War ), the power of the court, particularly that of retired Emperors was markedly cut down by the shogunate.
The Adventures of Huckleberry Finn has been the subject of controversy in Arizona, where a parent group's attempt to have it removed from a required reading list was struck down by the court.
The site in its initial free P2P incarnation was shut down in 2001 after the company's unsuccessful appeal of court orders arising from its encouraging the illegal sharing of copyrighted material.
The original plans, as developed by his court architect Matthäus Daniel Pöppelmann before 1711, covered the space of the present complex of palace and garden, and also included as gardens the space down to the Elbe River, upon which the Semper opera house and its square were built in the nineteenth century.
The next month, another US federal court in New York struck down the portion of the CDA intended to protect children from indecent speech as too broad.
The court struck down, as infringement on free speech, limits on candidate expenditures ( unless the candidate accepts public financing ) and certain other limits on spending.
It also filed an amicus brief in the federal court case in which Judge Vaughn Walker struck down California's constitutional ban on same-sex marriage.
Also introduced were measures to pare down the expenses of the court, and to simplify administration in accordance with principles of economy.

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