Does Lincoln Mills suggest that if Congress granted jurisdiction over interstate divorce cases, the federal courts would be authorized to fashion a national law for the dissolution of marriages??

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.

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.

" Historian Ron Chernow says of this " he wasn't calling for peaceful protests or civil disobedience: he was calling for outright rebellion, if needed, against the federal government of which he was vice president.

Officers from the other federal uniformed services are also eligible to receive the decoration if they are militarized or detailed to serve with a service branch of the Armed Forces.

" Nathan Dane, the primary author of the Northwest Ordinance, viewed this provision as a default mechanism in the event that federal or territorial statutes were silent about a particular matter ; he wrote that if " a statute makes an offence, and is silent as to the mode of trial, it shall be by jury, according to the course of the common law.

Post-1938, federal courts deciding issues that arise under state law are required to defer to state court interpretations of state statutes, or reason what a state's highest court would rule if presented with the issue, or to certify the question to the state's highest court for resolution.

Class actions may be brought in federal court if the claim arises under federal law, or if the claim falls under 28 USCA § 1332 ( d ).

The United States Congress has passed a number of landmark environmental regulatory regimes, but many other federal laws are equally important, if less comprehensive.

This US federal law also gave students 18 years old or older, or students of any age if enrolled in any post-secondary educational institution, the right of privacy regarding grades, enrollment, and even billing information, unless the school has specific permission from the student to share that specific type of information with the parent.

In Commentaries on the Constitution of the Commonwealth of Australia, Garran noted that, since the Australian executive is national in nature ( being dependent on the nationally elected House of Representatives, rather than the Senate ), " the Governor-General, as the official head of the Executive, does not in the smallest degree represent any federal element ; if he represents anything he is the image and embodiment of national unity and the outward and visible representation of the Imperial relationship of the Commonwealth.

The federal police have asked permission from the FBI to crack down these sites, but the FBI denied, stating that the First Amendment guarantees the right to any speech, even if it involves racism.

Knowing that the federal government would pay " top dollar ", the employees of a contractor in the Indiana Territory reportedly named Robert Hoosier asked their boss if they could go work for this higher wage in the neighboring state of Ohio.

" Historian Ron Chernow says of this " he wasn't calling for peaceful protests or civil disobedience: he was calling for outright rebellion, if needed, against the federal government of which he was vice president.

In the 1949 federal election that followed his ascension to the Liberal leadership many wondered, including Liberal party insiders, if St-Laurent would appeal to the post-war populace of Canada.

With respect to Germany's case against the United States, it held that the doctrine of procedural default was not incompatible with the Vienna Convention, and that even if procedural default did conflict with the Vienna Convention it had been overruled by later federal law — the Antiterrorism and Effective Death Penalty Act of 1996, which explicitly legislated the doctrine of procedural default.

McVeigh initially intended only to destroy a federal building, but he later decided that his message would be better received if many people were killed in the bombing.

One of the common reasons the Supreme Court grants certiorari ( that is, they agree to hear a case ) is if there is a conflict among the circuit courts as to the meaning of a federal law.

In the U. S., if the defendant is charged with a federal felony, he has the right to an indictment by a grand jury pursuant to the Fifth Amendment of the Constitution.

This memorandum directs all federal departments, agencies, and officials to treat Puerto Rico administratively as if it were a state, insofar as doing so would not disrupt federal programs or operations.

Under Article VI of the United States Constitution, private contracts cannot be abridged ; this provision has been held by the United States Supreme Court to mean that the federal government or a State can only ( annul or invalidate ) a contract if it directly opposes an important public policy.

Seven of the prisoners were sentenced to be confined in irons for as long as it pleased the court, set to work and, if they broke jail or proclaimed heresy, to be executed if convicted.

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 ; ;

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 ; ;

Counsel for the Government invited Du Pont's views on this proposal before recommending a specific program, but stated that if the court desired, or if counsel for Du Pont thought further discussion would not be profitable, the Government was prepared to submit a plan within thirty days.

Accordingly, if it is not repealed by the Congress at its present session, I shall have no alternative thereafter but to direct the Secretary of Defense to disregard the section unless a court of competent jurisdiction determines otherwise.

When a witness at court was asked if he had been kicked in the ensuing rumpus, he replied, `` No, it was in the stomach ''.

If a litigant chooses to enforce a Federal right in a State court, he cannot be heard to object if he is treated exactly as are plaintiffs who press like claims arising under State law with regard to the form in which the claim must be stated -- the particularity, for instance, with which a cause of action must be described.

that on the immediate horizon, if further large-scale ( relatively speaking ) desegregation comes, it will result from court orders on suits filed in several Middle-South states.

I don't feel much like a maryed man but I never forgit it sofar as to court enny other lady but if I should you must forgive me as I am so forgitful ''.

William A. Redding asserted that if the case had been heard in open court under rules of evidence, the testimony would have been completed in sixty days instead of five years.

He asked members of the panel to tell him if anyone outside the court had spoken to them about the case.

This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only upon written submissions to the trial court and not on any trial testimony.

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.

Therefore, if a lower court has ruled in an improper manner, or against legal precedent, that judgment will stand if not appealed – even if it might have been overturned on appeal.

The Supreme Court of Virginia has stated that '" This Court has repeatedly held that the effect of an appeal to circuit court is to " annul the judgment of the inferior tribunal as completely as if there had been no previous trial.

Conversely, if he gives a heavy rating to his own reading, and finds more accurate facts in it than in the others, a point is chalked up for the intrinsic, objective meaningfulness of this type of mediumistic material.

On the other hand, the appellate court normally gives less deference to a lower court's decision on issues of law, and may reverse if it finds that the lower court applied the wrong legal standard.

Additionally, if a Defendant has been charged on an indictment with assault occasioning actual bodily harm ( ABH ), or racially / religiously aggravated assault, then a jury in the Crown Court may acquit the Defendant of the more serious offence, but still convict of common assault if it finds common assault has been committed.

The program tries every string, starting with the shortest, until it finds a string with complexity at least n ( if there is one ), then returns that string ( or goes into an infinite loop if there is no such string ).

In " Visitor ," Lois finds Superman at the Kent farm with Lana Lang and asks him point-blank if he is Clark Kent.

If this issue is raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated, and if it so finds, the projected trial will be prevented from proceeding.

If the prosecutor moves for a mistrial, there is no bar to retrial if the trial judge finds " manifest necessity " for granting the mistrial.

In all cases, the term diaspora carries a sense of displacement ; that is, the population so described finds itself for whatever reason separated from its national territory, and usually its people have a hope, or at least a desire, to return to their homeland at some point, if the " homeland " still exists in any meaningful sense.

While colloquially, a person may term a law suit to be frivolous if he or she personally finds a claim to be absurd, in legal usage " frivolous litigation " consists of a claim or defense that is presented where the party ( or the party's legal counsel ) had reason to know that the claim or defense was manifestly insufficient or futile.

However, if one finds one single black swan, deductive logic admits the conclusion that the statement that all swans are white is false.

Scarlett finds herself missing him, but she is still unsure if Rhett loves her, having told her so when he was drunk.

The constitution through its articles relating to the judicial system provides a way to question the laws of the government, if the common man finds the laws as unsuitable for any community in India.

The volume descriptor is constructed in this manner so that if a program reading the disk does not understand a particular descriptor, it can just skip over it until it finds one it can read, thus allowing the use of many different types of information on one volume.

On the other hand, if an algorithm finds the optimal value of optimization problem in polynomial time, then the decision problem can be solved in polynomial time by comparing the value of the solution output by this algorithm with the value of k.

: Why does he not just get up first thing and walk into a well or, if he finds one, over a cliff?

In general, if one wants to associate a consistent size to each subset of a given set while satisfying the other axioms of a measure, one only finds trivial examples like the counting measure.

Even so, when a dying Humbug begs his friend to mercy kill him, Shang Chi refuses, until he finds that Humbug actually had no qualms to torture Tarantula, if it meant less suffering for Colleen.

A precedent does not bind a court if it finds there was a lack of care in the original " Per Incuriam ".

Also, if a court finds a material difference between cases then it can choose not to be bound by the precedent.

* If the pope finds that the king who has been elected by the princes is unworthy of the imperial dignity, the princes must elect a new king or, if they refuse, the pope will confer the imperial dignity upon another king ; for the Church stands in need of a patron and defender.

In a 1982 judgment delivered under such a referral, Chief Justice Tom O ' Higgins bemoaned the crude strictures of the prescribed process ; especially the fact that, if the court finds that a bill does not violate the Constitution, this judgment can never subsequently be challenged.

But, on the other hand if someone is injured in Harrods, London and for some reason finds that California law is more favorable decides to sue in California, the suit would not be maintainable since the contacts that Harrods have is not continuous and systematic, and they are not ' essentially at home ' in California.

But still, if he finds himself in bad health, or is afraid lest he should die here, his will be done.