Help


[permalink] [id link]
+
Page "Appellate procedure in the United States" ¶ 45
from Wikipedia
Edit
Promote Demote Fragment Fix

Some Related Sentences

If and appellate
If the appellate court finds no defect, it " affirms " the judgment.
If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority.
If there is no decision on point from the highest court of a state, the federal courts must attempt to predict how the state courts would resolve the issue, by looking at decisions from state appellate courts at all levels.
If an appellate court determines that reversible error occurred, it may reverse the judgment of the lower court and order a new trial on such terms and conditions as are found to be just.
If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied.
If still unsatisfied, the litigant can appeal to the highest appellate court in the state, which is usually called the state supreme court and is usually located in or near the state capital.
If the Supreme Court could not review decisions from the highest State court, the State courts would be excluded from ever hearing a case in any way involving a Federal question, because the Supreme Court would be deprived of appellate jurisdiction in those cases.
In the case In re: Parson, the United States Supreme Court wrote: " If the orders be regarded merely as directions in the administration of judicial affairs in respect of the immediate possession of property or custody of prisoners, we cannot be properly called to, by reason of anything appearing on these records, in the exercise of appellate jurisdiction in this manner, to direct them to be set aside.
If the agency refuses to declassify that document, then a decision from a higher authority can be provided by the appellate panel, the Interagency Security Classification Appeals Panel ( ISCAP ).
If the judge did not articulate specific findings of fact and conclusions of law justifying an exceptional sentence, an appellate court would have to reverse the sentence.
If recusal is avoided in this manner, a full and complete record of the facts that qualify as grounds, above, must be made for the appellate court.

If and court
If the case is thus determined by us to be domestic, the court has no jurisdiction.
If, in the trustee's judgment, `` reasonable market conditions '' did not prevail during any given year, he was to be allowed to petition the court for an extension of time within the ten-year period.
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.
If a party is dissatisfied with the finding of such a tribunal, one generally has the power to request a trial " de novo " by a court of record.
If the opponents win the rally and their new score is even, the player in the right service court serves ; if odd, the player in the left service court serves.
If the netshot is tight and tumbling, then the opponent's lift will not reach the back of the court, which makes the subsequent smash much harder to return.
If a pair is forced to lift or clear the shuttlecock, then they must defend: they will adopt a side-by-side position in the rear midcourt, to cover the full width of their court against the opponents ' smashes.
If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision ( this principle is known as stare decisis ).
If, however, the court finds that the current dispute is fundamentally distinct from all previous cases ( called a " matter of first impression "), judges have the authority and duty to make law by creating precedent.
If a plan cannot be confirmed, the court may either convert the case to a liquidation under chapter 7, or, if in the best interests of the creditors and the estate, the case may be dismissed resulting in a return to the status quo before bankruptcy.
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 one is convicted at the district court, the defence can make an appeal on procedural grounds to the supreme court.
If the court does so, the lawyer may thereafter ply the witness with leading questions during direct examination.
If an application is denied by one judge of the FISC, the federal government is not allowed to make the same application to a different judge of the court, but must appeal to the United States Foreign Intelligence Surveillance Court of Review.
If the Supreme Court grants certiorari and accepts the case, it will receive written briefs from each side ( and any amici curiae or friends of the court — usually interested third parties with some expertise to bear on the subject ) and schedule oral arguments.
If the detention is held to be unlawful, the prisoner can usually then be released or bailed by order of the court without having to be produced before it.
If they fail to answer, the person requesting can make an Application on Notice to the court and ask the procedural judge to make an order compelling the opponent to answer the questions.
If the person has a mental illness and it is determined that the mental illness interfered with the person's ability to determine right from wrong ( and other associated criteria a jurisdiction may have ) and if the person is willing to plead guilty or is proven guilty in a court of law, some jurisdictions have an alternative option known as either a Guilty but Mentally Ill ( GBMI ) or a Guilty but Insane verdict.
If civil commitment proceedings follow, the evaluation is presented in a formal court hearing where testimony and other evidence may also be submitted.
If the court finds that the respondent is " seriously mentally impaired ," he or she will be placed in a psychiatric hospital for further evaluation and possibly treatment.

If and does
If this new Bible does not increase in significance by repeated readings throughout the years, it will not survive the ages as has the King James Version.
If birds don't belong in a Square or Park, what does??
If private brand competition hasn't been felt in your product field as yet, have you thought how you will cope with it if and when it does appear??
If Af leads to an address Af that is equal to the address computed from Af, even though Af does not match Af, the chain of information cells is extended from Af by storing the address of the next available cell in the Y-region, Af, in Af.
If both George and a piece of information George does not have are prominent in the context, but the idea of telling George is new, then dominant stress will probably be on tell in why not tell George??
If, on the other hand, it is not settled, or while it is being debated and resolved, does the Federal government have a responsibility in situations like that in Prince Edward County??
If this threefold division of costs were to have its counterpart in the actual rates of charge for service, as it actually does have in some rates, there would result a three-part rate for any one class of service.
If this attitude is seriously questioned in the Soviet Union, it does not necessarily follow that the majority of the society in which I live is too aware of the necessity for clarity on this ethical as well as aesthetic point of view.
If a continuation card follows a statement that does not permit continuation cards, the compiler will generate a NOP and issue an error message.
If the compiler does encounter such statements, a warning message will be issued.
If the fourth dimension is a physical concept and not purely metaphysical, through what medium does it extend??
If a child does lose his first teeth prematurely because of decay -- and if no preventive steps are taken -- the other teeth may shift out of position, become overcrowded and malformed.
If he does, it's still better than an even chance he won't notice the transposition of the numbers, and if he should notice it, the thing can be passed off as an honest mistake.
If the administration does not succeed in passing the sales tax bill, or any other tax bill, it could very well be faced this spring at the fiscal session of the Legislature with an interesting dilemma.
If Bultmann's own definition of myth is strictly adhered to ( and it is interesting that this is almost never done by those who make such pronouncements ), the evidence is overwhelming that he does not at all exaggerate the extent to which the mythological concepts of traditional theology have become incredible and irrelevant.
If you know that he ( God ) is just ( righteous ), know that everyone also who does what is just ( righteous ) has been born of him.
If I get a low M. R., I do so because I want it that way or my dark self does.
* If it is required to use a single number X as an estimate for the value of numbers, then the arithmetic mean does this best, in the sense of minimizing the sum of squares ( x < sub > i </ sub > − X )< sup > 2 </ sup > of the residuals.
If it does, ocean levels would rise by a few metres in a very short period of time.
If, however, there are no shares left when the chain is founded, then the founding player does not receive the free share.
If Anne formed an attachment to Weightman it does not imply that he was attracted to her.
If the numbering does not start at 0, the constant B may not be the address of any element.
If abiotic stress does not have a strong presence in an area, the biodiversity will be much higher.
If light moves instantaneously, the telescope does not move, and the true direction of the star relative to the observer can be found by following the line ES.

0.579 seconds.