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Page "Appellate procedure in the United States" ¶ 10
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appeal and right
Its appeal from ballots to bullets at Fort Sumter ended by costing the Southerners their right to have slaves -- a right that was even less compatible with the sovereignty of man.
The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country.
The right to file an appeal can also vary from state to state ; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.
In criminal matters, however, the state or prosecution generally has no appeal " as of right ".
But in some jurisdictions, the state or prosecution may appeal " as of right " from a trial court's dismissal of an indictment in whole or in part or from a trial court's granting of a defendant's suppression motion.
After exhausting the first appeal as of right, defendants usually petition the highest state court to review the decision.
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 most U. S. states, and in U. S. federal courts, parties before the court are allowed one appeal as of right.
With his death, the family lost much of its remaining political appeal, though claimants continue to assert their right to the imperial title.
* The prosecution has a right of appeal against acquittal in summary cases if the decision appears to be wrong in law or in excess of jurisdiction.
The Parliament of England had its roots in the restrictions on the power of kings written into Magna Carta, which explicitly protected certain rights of the King's subjects, whether free or fettered – and implicitly supported what became English writ of habeas corpus, safeguarding individual freedom against unlawful imprisonment with right to appeal.
With these records and the Empire's universal right of appeal, Imperial authorities probably had a great deal of power to enforce behavior standards for their judges.
The verdict of the court is binding, not advisory ; however, both parties have the right to appeal the judgment to a higher court.
In summary, the epistle may be said to exhibit a paraenetic style which is " marked by personal appeal, contrasts of right and wrong, true and false, and an occasional rhetorical question.
Under the Criminal Code of Canada the writ is largely unavailable if a statutory right of appeal exists, whether or not this right has been exercised.
Guyana retained the right of appeal to the Privy Council until the government of Prime Minister Forbes Burnham passed the Judicial Committee of the Privy Council ( Termination of Appeals ) Act 1970.
India retained the right of appeal from the Federal Court of India to the Privy Council after the establishment of the Dominion of India.
Following the replacement of the Federal Court with the Supreme Court of India in January 1950, the Abolition of Privy Council Jurisdiction Act 1949 came into effect, ending the right of appeal to the Privy Council.
The right of appeal to the Privy Council was provided for in the Constitution of the Irish Free State until its abolition in 1933 by an Act of the Oireachtas.
The Dominion of Pakistan retained the right of appeal to the Privy Council from the Federal Court of Pakistan until the Privy Council ( Termination of Jurisdiction ) Act 1950 was passed.
Singapore abolished Privy Council appeals in all cases save those involving the death penalty, or in civil cases where the parties had agreed to such a right of appeal, in 1989.

appeal and is
It is this curious blend of rugged individualism and public service which accounts for the great appeal of the mythological detective.
The strongest appeal of the Copernican formulation consisted in just this: ideally, the justification for dealing with special problems in particular ways is completely set out in the basic ' rules ' of the theory.
The alternative to this is that if a conservative candidate is nominated the national committee will have to appeal to the trusts for their campaign funds, and in doing this will incur obligations which would make a Democratic victory absolutely fruitless.
The appeal is going to be to the pocketbook and may be very convincing to those who do not see its relation to political and legal, as well as economic, self-rule.
At the same time, his voice betrayed uncertainty about their being here, and conveyed an appeal to whatever is reasonable, peace-loving, and dependable in everybody.
After the recommendation of the Department is forwarded to the appeal board, that is the appropriate place for a registrant to lodge his denial.
It is but part of the whole process within the Department that goes into the making of the final recommendation to the appeal board.
It is also significant that neither this report nor the hearing officer's notes were furnished to the appeal board.
The Third Circuit Court of Appeals is reviewing an appeal from the plan.
The appeal of the suburb is particularly strong for heavy industry, which must move bulky objects along a lengthy assembly line and wants enough land area to do the entire job on one floor.
The aesthetic appeal of pure paint laid on at random may exist, but it is a very impoverished appeal.
The work done by the analysts, the men who really know what folklore is all about, has no more appeal than any other work of a truly scientific sort and reaches a limited, learned audience.
In United States appellate procedure, an appeal is a petition for review of a case that has been decided by a court of law.
An appellate court is a court that hears cases on appeal from another court.
A party who files an appeal is called an " appellant ", " plaintiff in error ", " petitioner " or " pursuer ", and a party on the other side is called a " appellee ".
A " cross-appeal " is an appeal brought by the respondent.
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 appellee is the party to an appeal in which the lower court judgment was in its favor.

appeal and one
No matter how many registry rocks they came to on this journey, each one exerted its own appeal.
These lines never cease to haunt the book amidst all the exaltations of combat, and to make an appeal for a larger and more elemental human community than one based on the brutal necessities of war.
However, this Court put to one side without consideration the Government's appeal from the dismissal of its Sherman Act allegations.
The minister, describing the attacks which led up to the appeal, said that 60,000 Communist North Vietnamese were fighting royal army troops on one front -- near Thakhek, in southern-central Laos.
Yet with all their skills, the appeal of Mantle and Maris in 1961 comes down to one basic: The home run.
The failure to formally object at the time, to what one views as improper action in the lower court, may result in the affirmance of the lower court's judgment on the grounds that one did not " preserve the issue for appeal " by objecting.
Unlike other traditions, Anglicanism has never been governed by a magisterium nor by appeal to one founding theologian, nor by an extra-credal summary of doctrine ( such as the Westminster Confession of the Presbyterian Church ).
" A charter from the reign of his son Edward the Elder depicts Alfred as hearing one such appeal in his chamber, while washing his hands.
" Neon Deion " ( a. k. a. " Prime Time ") had a flashy appeal and helped bring media attention to one of the league's most anonymous franchises.
When evaluating a coin, the following — often subjective — factors may be considered: 1 ) " eye appeal " or the aesthetic interest of the coin ; 2 ) dents on the rim ; 3 ) unsightly scratches or other blemishes on the surface of the coin ; 4 ) luster ; 5 ) toning ; 6 ) level of detail retained, where a coin with full details obviously is valued higher than one with worn details.
Crafters may have a preference for one type of hook material over another due to aesthetic appeal, yarn glide, or hand disorders such as arthritis, where bamboo or wood hooks are favored over metal for the perceived warmth and flexibility during use.
If one is convicted at the district court, the defence can make an appeal on procedural grounds to the supreme court.
Its lasting appeal and impact on modern video games has lead it to be considered one of the most important video games of all time.
"... to justify a belief one must appeal to a further justified belief.
These theories offered an overarching moral principle one could appeal to in resolving difficult moral decisions.
If an application is denied by one judge of the FISC, the federal government is not allowed to make the same application to a different judge of the court, but must appeal to the United States Foreign Intelligence Surveillance Court of Review.
Using uniformitarianism, which states that one cannot make an appeal to any force or phenomenon which cannot presently be observed ( see catastrophism ), Darwin theorized that the evolutionary process must occur gradually, not in saltations, since saltations are not presently observed, and extreme deviations from the usual phenotypic variation would be more likely to be selected against.
However, if one or more runners fail to touch a base or one runner passes another before reaching home plate, that runner or runners can be called out on appeal, though in the case of not touching a base a runner can go back and touch it if doing so won't cause them to be passed by another preceding runner and they have not yet touched the next base ( or home plate in the case of missing third base ).
The latter then took up the usage according to which one who remained for 44 days under excommunication came under the penalties executed by the State, and wrote his De incarcerandis fedelibus, in which he demanded that it should be legal for the excommunicated to appeal to the king and his council against the excommunication ; in this writing he laid open the entire case and in such a way that it was understood by the laity.
When Lee made one final appeal to audition, Neil accepted and was hired April 1, 1981.

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