The appellant has the opportunity to present arguments for the granting of the appeal and the appellee ( or respondent ) can present arguments against it.

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.

He fought politically against what he denounced as a closed, undemocratic aristocracy, adding to his appeal to common citizens.

The USSR saw Cuba as having far more appeal with new revolutionary movements, western intellectuals, and members of the New Left, given Cuba's perceived David and Goliath struggle against US " imperialism ".

However, both the prosecution and defence may appeal against the verdict on questions of law and fact in less serious offences ; in more serious offences, appeals are restricted to questions of law.

In the Netherlands, the state prosecution can appeal against a not-guilty verdict at the bench.

* 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.

* A retrial is permissible if the interests of justice so require, following appeal against conviction by a defendant.

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.

In October 1985, the California Supreme Court rejected Rosenthal's appeal of the multimillion-dollar judgment against him for legal malpractice, and upheld conclusions of a trial court and a Court of Appeal that Rosenthal acted improperly.

:: The government asks us to assess penalties against Crain for bringing this frivolous appeal, as is authorized by Fed.

In 1996, STATS, Inc., a major statistical provider to fantasy sports companies, won a court case, along with Motorola, on appeal against the NBA in which the NBA was trying to stop STATS from distributing in game score information via a special wireless device created by Motorola.

Their jurisdiction can be illustrated with an example: Parents unsatisfied with the school placement of their child would appeal against the board of education in an administrative court as the school placement is subject to an administrative decision.

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.

A significant date in sub-Roman Britain is the famous Groans of the Britons, an unanswered appeal to Aëtius, leading general of the western Empire, for assistance against Saxon invasion in 446 ; another is the Battle of Dyrham in 577, after which the significant cities of Bath, Cirencester and Gloucester fell and the Saxons reached the western sea.

It will conduct and complete all appeal proceedings for which the notice of appeal against the judgement or sentence is filed before 1 July 2013.

His preoccupation with detail, reluctance to delegate responsibility, lack of popular appeal, feuds with powerful state governors, inability to get along with people who disagreed with him, neglect of civil matters in favor of military ones all worked against him.

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.

With this common touch and broad appeal, he subsequently led the party to victory in the election against the Progressive Conservative Party led by George Drew.

Braun would appeal the suspension and won on the basis that the test was not processed properly, making him the first player to win an appeal against a suspension regarding illegal substances.

The lawyers filed an appeal against this decision which was declined again.

He won conservative support by promising to undercut the appeal of Socialists — the Socialists always voted against his proposals, fearing they would reduce the grievances of the industrial workers.

On July 8 833, Gregory wrote to the bishops of “ Gaul, Europe and Germany ” declaring that Aldric had every right to appeal to the pope, and that until the pope had issued a judgement one way or the other, no-one could pass a sentence against him.

The state court ruled in September 2011 that the university was correct in revoking his doctorate, and since no appeal is possible, the doctorate remains revoked.

In many cases, deportation is generally done either by the government's executive apparatus, and as such is often subject to a simpler legal process ( or none ), with reduced or no right to trial, legal representation or appeal due to the subject's lack of citizenship.

The Dominion of Canada, however, continued to operate as before the Statute was passed-at Canada's request-because the federal and provincial governments could not agree on an amending formula for the Canadian Constitution, among other federal-provincial conflicts ( e. g., there was no Canadian citizenship until 1 January 1947, but Canadians were " British Subjects " prior to that date ; and court cases from provincial courts could by-pass the Supreme Court of Canada for direct appeal to the Privy Council in London, which also had power to overrule the Canadian Supreme Court, until 1947-because the provinces did not want Ottawa to have the last word in judicial disputes, and did not want a Canadian citizenship that would be distinct from imperial citizenship.

In particular, the interpretation of the 3 year ( 1, 095 day ) residence requirement enacted by the 1977 Citizenship Act, which does not define the term " residence " and, further, prohibits an appeal of a Federal Court decision in a citizenship matter to the Federal Court of Appeal or the Supreme Court, has " led to a great deal of mischief and agony "

While Paul's " citizenship " of Tarsus was not of advantagre outside that city, yet his Roman " citizenship " availed throughout the Roman Empire and, besides private rights, included ( 1 ) exemption from all degrading punishments ; ( 2 ) a right of appeal to the emperor after a sentence ; ( 3 ) a right to be sent to Rome for trial before the emperor if charged with a capital offense.

In early 2009, Chinese websites reported that he has given up United States citizenship in favor of Chinese citizenship to appeal to local audiences.

An appeal to Hitler to regain citizenship, which was backed by a number of scientists from the University of Greifswald was successful-Bernheim was assigned " temporary citizenship " on 12 January 1938, thus avoiding deportation in 1940.

* In the United States, beyond the Civil War, military service was a way for blacks to serve the country, and later appeal for equal citizenship during World War II.

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 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 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 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 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.

An appeal of the decision was dismissed on 16 March 2005.

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.

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.

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.

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.