The recommendation of the Department -- as well as the decision of the appeal board -- was based entirely on the local board file, not on an FBI report.

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.

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.

The ability of the prosecution to appeal a decision in favor of a defendant varies significantly internationally.

After exhausting the first appeal as of right, defendants usually petition the highest state court to review the decision.

In some systems, an appellate court will only consider the written decision of the lower court, together with any written evidence that was before that court and is relevant to the appeal.

In an appeal on the record from a decision in a judicial proceeding, both appellant and respondent are bound to base their arguments wholly on the proceedings and body of evidence as they were presented in the lower tribunal.

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 mandate is distinguished from the appeal court's opinion, which sets out the legal reasoning for its decision.

Because of independence, the decision whether to use of the axiom of choice ( or its negation ) in a proof cannot be made by appeal to other axioms of set theory.

When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal the correctness of the decision itself will be examined, usually by a higher body in the agency.

This procedure is available only if the law on which the primary decision is based specifically provides for it and involves an appeal to a higher ranking administrative body.

Herald-Traveler Corp. fought the decision in court — by this time, revenues from channel 5 were all but keeping the newspaper afloat — but its final appeal ran out in 1972, and on March 19 WHDH-TV was forced to surrender channel 5 to the new WCVB-TV.

Most of the U. S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels ( most of the courts of appeal almost always sit in panels of three ), the earlier panel decision is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc ( that is, all active judges of the court ) or by a higher court.

The decision was later reversed on appeal, but the financial problems caused by the episode almost forced Attlee out of politics.

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.

The editorial `` Confrontation '' was certainly direct in its appeal to those of us living here in America.

Petitioner was not denied due process in the administrative proceedings, because the statement in question was in his file, to which he had access, and he had opportunities to rebut it both before the hearing officer of the Department of Justice and before the appeal board.

Petitioner was not entitled to have the hearing officer's notes and report, especially since he failed to show any particular need for them and he did have a copy of the Department of Justice's recommendation to the appeal board.

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.

Having had every opportunity to rebut the finding of the local board before both the hearing officer and the appeal board, petitioner cannot now claim that he was denied due process because he did not succeed.

He did receive a resume of it -- the same that was furnished the appeal board -- and he made no claim of its inaccuracy.

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.

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.

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.

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 1204 his doctrines were condemned by the university, and, on a personal appeal to Pope Innocent III, the sentence was ratified, Amalric being ordered to return to Paris and recant his errors.

But if every historian were to assert that Queen Elizabeth was observed walking around happy and healthy after her funeral, and then interpreted that to mean that they had risen from the dead, then we'd have reason to appeal to natural laws in order to dispute their interpretation.

No appeal was possible.

A provincial court ruled that the Lord's Day Act was unconstitutional, but the Crown proceeded to appeal all the way to the Supreme Court of Canada.

They revelled in the legend that he was taken by Timur to Samarkand, and embellished it with a cast of characters to create an oriental fantasy that has maintained its appeal.

An appellate court dismissed the Patent Company's appeal, and officially terminated the MPPC in 1918.

When President Dwight Eisenhower took office in 1953, he strengthened and extended Truman's loyalty review program, while decreasing the avenues of appeal available to dismissed employees.

The appeal was heard by the Court of Appeal ( Civil Division ) in November 1998 and dismissed.

Lo appealed in the same year and on 3 December 2010, her appeal was dismissed by the Court of Appeal ( Case number: CACC 254 / 2009 ).

In October 2005, the House of Lords dismissed the Alliance's appeal against this decision, with an unusually large panel of nine Law Lords holding that the 1949 Act was a valid Act of Parliament.

However, in March 2009, after a convoluted appeal process, the genocide charges against Echeverria were dismissed.

The case was dismissed, and plaintiffs appealed all the way to the Supreme Court, which also denied the appeal.

The publication was used as evidence in an obscenity trial, but the case was later dismissed on appeal.

A subsequent appeal by the city was dismissed as moot, in the Missouri Court of Appeals, as the subject ordinances had been repealed.

In 1972, the U. S. Supreme Court dismissed, " for want of a substantial question ," an appeal by two men who unsuccessfully challenged Minnesota's marriage statutes in state court.

In May 2007, the UK Government's appeal against the 2006 High Court ruling was dismissed and they took the matter to the House of Lords.

The company got dismissed in each affair, but lodged an appeal in each case.

In the 20th century, Princeton University professor Peter Singer argued that Bentham's conclusion is often dismissed by an appeal to a distinction that condemns human suffering but allows non-human suffering, typically " appeals " that are logical fallacies ( unless the distinction is factual, in which case the appeal is just one logical fallacy petitio principii ).

Merco, the company profiting from the practice, retaliated with a libel lawsuit against Kaufman, TV Nation and its parent company, TriStar Television but the case was dismissed on appeal.

Chambiar who, after an inspection of spot on March 17, 1886, dismissed the appeal.

A Second Appeal was filed on May 25, 1886, before the Judicial Commissioner of Awadh, W. Young, who also dismissed the appeal.

The Supreme Court dismissed the appeal on the grounds that the plaintiff lacked standing to sue on behalf of his patients.

The Tokyo High Court dismissed Tanaka's appeal on July 29, and the original sentence passed down in 1983 was reinstated.

In November 1634 the chancellor's appeal was heard before the king in council and dismissed.

The Supreme Court of Ohio dismissed his appeal without opinion.

The Supreme Court ruled 8-0 that it lacked jurisdiction to hear the appeal and dismissed the case, declining to grant certiorari.

*"' Ouija board ' appeal ( against second guilty verdict ) dismissed " – R. v. Young ( 1995 )

A newly constituted court dismissed Team B's appeal, allowing Mahathir's faction to continue to use the name UMNO.