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Page "State court (United States)" ¶ 50
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if and federal
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 ยง 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 โ€” 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.

if and court
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 โ€” 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 โ€“ 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.

if and then
If he is the child of nothingness, if he is the predestined victim of an age of atomic wars, then he will consult only his own organic needs and go beyond good and evil.
If love reflects the nature of man, as Ortega Y Gasset believes, if the person in love betrays decisively what he is by his behavior in love, then the writers of the beat generation are creating a new literary genre.
But what you could not know, of course, was how smoothly the Victorian Fitzgerald was to lead into an American Fitzgerald of my own vintage under whose banner we adolescents were to come, if not of age, then into a bright, taut semblance of it.
William Wimsatt and Cleanth Brooks, it seems to me, have a penetrating insight into the way in which this control is effected: `` For if we say poetry is to talk of beauty and love ( and yet not aim at exciting erotic emotion or even an emotion of Platonic esteem ) and if it is to talk of anger and murder ( and yet not aim at arousing anger and indignation ) -- then it may be that the poetic way of dealing with these emotions will not be any kind of intensification, compounding, or magnification, or any direct assault upon the affections at all.
What I want is to have this evidence come before Congress and if the Attorney General does not report it, as I am very sure he won't, as he has refused to do anything of the kind, I then wish that a committee of seven Representatives be appointed with power to take the evidence.
The Acropolis was unique in the world and if that imcomparable work flooded by moonlight wasn't enough for both natives and tourists, then they were quite simply barbarians and the hell with them.
Sturley quoted Quiney as having written on November 1 that if he had `` more monei presente much might be done to obtaine our Charter enlargd, ij faires more, with tole of corne, bestes, and sheepe, and a matter of more valewe then all that ''.
If man is actually the product of his environment and if science can discover the laws of human nature and the ways in which environment determines what people do, then someone -- a someone probably standing outside traditional systems of values -- can turn around and develop completely efficient means for controlling people.
And if you bore each other then, heaven help you.
He invited Mr. Case to stop by to say hello if he ever visited the academy and then added that he was on the managerial staff of the freshman football team
The prevailing official attitude then seemed to be that fallout, if not exactly good for you, might not be much worse than a bad cold.
And if the foreigners fighting in the Katanga Army are mercenaries then Lafayette and Von Steuben were mercenaries too, as were also the members of the Lafayette Escadrille in the early part of World War 1, and of Chennault's Flying Tigers in the early days of World War 2.
Rachel came close to the bed, bent as if she would kiss him, then moved away.
and then I was adding my own voice to the crescendo of sound, hurling more vile language than I ever thought I knew, sobbing and shouting, and aware that if I had passed water before, it was not enough, for my pants were soaking wet.
`` I'll have a drink, then, if you'll have one with me ''.
And, if we follow the Rayburn pattern, as consciously or by an instinctual political sense I like to think I have followed it, then the very nature of our loyalty to our own immediate areas must necessarily be reflected in the devotion of our services to our country.
During nighttime hours, because of the intense skywave propagation then prevailing, no large number of stations can be permitted to operate on one of these channels, if the wide area service for which these frequencies are assigned is to be rendered satisfactorily by the dominant stations which must be relied upon to render it.
My husband enters the motel office, signs up for a room, and then solemnly asks the proprieter if he accepts pets.
`` We, the Subscribers, do agree, that as soon as a convenient Number of Persons have subscribed to this, or a similar Writing, We will present a petition to the Hon'ble General Court of the Commonwealth of Massachusetts, praying for an Act incorporating into a Body politic the subscribers to such Writing with Liberty to build such a Bridge, and a Right to demand a Toll equal to that received at Malden Bridge, and on like Terms, and if such an Act shall be obtained, then we severally agree each with the others, that we will hold in the said Bridge the several shares set against our respective Names, the whole into two hundred shares being divided, and that we will pay such sums of Money at such Times and in such Manners, as by the said proposed Corporation, shall be directed and required ''.
You can save all that shimming time if you set your windows in one, two, three order -- first the stud on one side, then the window, then the stud on the other side.
( C ) if Af is the operator induced on Af by T, then the minimal polynomial for Af is Af.
Note also that if Af, then Af is divisible by the polynomial p, because Af contains each Af as a factor.
It is clear that each vector in the range of Af is in Af for if **ya is in the range of Af, then Af and so Af because Af is divisible by the minimal polynomial P.

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