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Page "Appellate procedure in the United States" ¶ 10
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appeal and by
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 public appeal by the new Vatican Secretary of State, Cardinal Cicognani, for renewed efforts toward Eastern and Western reunion was still another remarkable act.
Petitioner first contends that the Department denied him procedural due process by not giving him timely opportunity, before its final recommendation to the appeal board, to answer the statement of the local board as to his claim of devoting 100 hours to actual preaching.
We fail to see how such procedure resulted in any prejudice to petitioner's contention, which was considered by the appeal board and denied by it.
In the light of these circumstances, as well as the fact that the issue at trial in this respect centered entirely on the Department's recommendation, which petitioner repudiated but which both the appeal board and the courts below found supported by the record, we find no relevancy in the hearing officer's report and notes.
As an administrator, I cannot place the Employment Service in California in jeopardy of being out of compliance with the Federal laws by my failure to pursue the avenues of appeal open to me.
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.
Two members of the Democratic-endorsed majority on the school board said they probably would vote to appeal a ruling by the state Board of Education, which said yesterday that the school committee acted improperly in its appointment of the coordinator, Francis P. Nolan 3rd, the Democratic-endorsed committee chairman, could not be reached for comment.
Though the proportions were always important in Greek art, the appeal of the Greek sculptures eludes any explanation by proportion alone.
In United States appellate procedure, an appeal is a petition for review of a case that has been decided by a court of law.
A " cross-appeal " is an appeal brought by the respondent.
An appeal " as of right " is one that is guaranteed by statute or some underlying constitutional or legal principle.
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.
In most jurisdictions the normal and preferred way of seeking appellate review is by filing an appeal of the final judgment.
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.
In New Jersey, for example, the Administrative Office of the Court has promulgated a form of notice of appeal for use by appellants, though using this exact form is not mandatory and the failure to use it is not a jurisdictional defect provided that all pertinent information is set forth in whatever form of notice of appeal is used.
Another situation is where appeal is by way of " re-hearing ".
Generally, there is no trial in an appellate court, only consideration of the record of the evidence presented to the trial court and all the pre-trial and trial court proceedings are reviewed — unless the appeal is by way of re-hearing, new evidence will usually only be considered on appeal in " very " rare instances, for example if that material evidence was unavailable to a party for some very significant reason such as prosecutorial misconduct.

appeal and leave
However, when the Carthaginians do not leave, the Mamertines appeal to Rome for an alliance, hoping for more reliable protection.
No bishop could leave his diocese without a written permission from his metropolitan, with a right of appeal to the Bishop of Arles.
The state sentence was overturned on appeal, however, on grounds that the presiding judge had " the appearance of prejudice " because smoke from the fire had motivated him to voluntarily leave his home for one night.
From the Full court, the only possible avenue of appeal lies to the High Court of Australia, an action which requires the grant of special leave from the High Court.
In addition to obtaining leave to appeal, an appellant also had to obtain a certificate from the lower court stating that a point of general public importance was involved.
Formerly, leave to appeal was unnecessary if two solicitors certified the reasonableness of the case.
He recommended extending the requirement to ask leave to appeal to almost all Appeal cases, to allow certain appeals to be heard at a lower level, to focus procedure, impose time limits on oral arguments and move judicial time more towards reading and less towards sitting in court.
As the Great Depression continued to ravage the United States, Dawes accepted President Herbert Hoover's appeal to leave diplomatic office and head the newly created Reconstruction Finance Corporation.
Because his lawyers didn't submit the statement of reason for appeal, Tokyo High Court decided not to grant them leave to appeal on March 27, 2006.
Motions for leave to appeal to the court are generally heard by a panel of three judges of the court and a simple majority is determinative.
But leave to appeal is not required for some cases, primarily criminal cases ( in which a Judge below dissented on a point of law ) and appeals from provincial references.
The IAT dealt with applications for leave to appeal and appeals against decisions made by the Immigration Adjudicators, the main hearing centre was in Breams Buildings, just off Chancery Lane, in Central London.
In April 2001, Hamilton was refused leave to appeal to the House of Lords.
Some U. S. state court systems use the same terminology, but in others, writ of review, leave to appeal, or certification for appeal is used in place of writ of certiorari as the name for discretionary review of a lower court's judgment.
Rather than cave in, he filed an appeal and announced that he would not leave the Diet as long as his constituents supported him.
His appeal to all republicans to sink their differences before the common peril met with some degree of success, and enabled the government to leave the second court-martial of Alfred Dreyfus at Rennes an absolutely free hand, and then to compromise the affair by granting a pardon to Dreyfus.

appeal and permission
In March 2008 after an extremely long appeal process, An Bord Pleanala approved permission for this development to proceed.
The Court of Appeal refused to give the Countryside Alliance permission to appeal their decision to the House of Lords ; however, a petition for permission to appeal was submitted directly to the Law Lords and granted in July 2005.
In England, Wales or Northern Ireland Leave ( or permission ) to appeal could be granted either by the court whose decision is appealed or the House of Lords itself.
With a few exceptions, such as cases where " the liberty of the subject " is an issue, permission is required to appeal, and may be granted by either the lower court or by the Court of Appeal.
The only problem here is that judgments may occasionally be reserved, and only given later by post – there may not be an opportunity to ask for permission to appeal at the lower court.
However, if the DOJ is the losing party at the trial stage, an appeal can only be brought with the permission of the Solicitor General.
The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions are stare decisis, binding upon all lower courts of Canada.
In most cases, permission to appeal must first be obtained from the court.
The project was led by David Hutchings, fresh from completing the Stratford Canal restoration, who obtained permission to build a new lock at Stratford in early 1966, and launched an appeal for £ 6, 000 to fund it.
Finally, though, the school board got permission to punish the Gobitas children and expelled them, without appeal.
After an unsuccessful appeal to God for planning permission to enlarge Hell, in episode 1, the action divides between Hell and various locations on Earth.
As a result, appeals to the Court are by leave not of right, that is, an appellent must obtain the Court's permission ( leave ) before an appeal can be considered.
The appeal of the Daisy Red Ryder BB Gun to youngsters was depicted in the Christmas classic film A Christmas Story, adapted from the autobiographical fiction of Jean Shepherd, by permission of Red Ryder Enterprises, Inc., which owns the Red Ryder trademarks and copyrights.
An appeal to An Bord Pleanála ( The Irish Planning Appeals Board ), which determines appeals and other cases under the national planning acts, was heard in September 2006, and this resulted in the granting of permission in August 2007, with 31 planning conditions attached.
The government filed an appeal of this decision but was overruled by an Ontario Superior Court decision released on January 6, 2005 ; however, a subsequent ruling by the Ontario Court of Appeal on June 13, 2005 granted the government permission to appeal the decision.
Planning permission was initially turned down but Center Parcs won on appeal.
However, neither the efforts of Gjergj Fishta, nor those of Carlo Tagliavini, a professor of the University of Padua, nor the appeal of Galeazzo Ciano, Minister of Foreign Affairs of Italy, to the Ministry of Foreign Affairs of Germany, yielded the necessary permission for him to emigrate to Albania.

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