If the appellate court does find a legal defect in the decision " below " ( i. e., in the lower court ), it may " modify " the ruling to correct the defect, or it may nullify (" reverse " or " vacate ") the whole decision or any part of it.

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 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 one follows the reports of the Congress, one finds that there still seems considerable uncertainty in the minds of the leaders themselves about what exactly to do in this matter.

If an attack finds you without a prepared shelter

If, at any time during the assignment pass, the compiler finds that there are no more index words available for assignment, the warning message `` No More Index Words Available '' will be placed in the object program listing, the table will be altered to show that index words 1 through 96 are available, and the assignment will continue as before.

If the compiler finds that there are no more electronic switches available for assignment, the warning message `` No More Electronic Switches Available '' will be placed in the object program listing, the table will be altered to show that electronic switches 1 through 30 are available, and assignment will continue as before.

If one quantizes a real scalar field, then one finds that there is only one kind of annihilation operator ; therefore, real scalar fields describe neutral bosons.

If another machine has that address, it will pick another address, and keep trying until it finds a free one.

If a cracker finds a computer, they can try a port scan to detect and attack services on that computer.

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

If the judge finds such probable cause, he or she binds, or holds over, the suspect for trial.

If the owner of a deactivated, or frozen, account finds the reason for deactivation invalid, they may contact the Neopets support team and possibly have their account reactivated.

If the court finds that presented evidence is not sufficient to support the charges or that a motion to render a judgment without substantial consideration of a case is submitted in violation of the requirements stipulated by the Criminal Procedure Code of Georgia, it shall return the case to the prosecution.

If the attacker finds a match, he knows that his guess is the actual password for the associated user.

* 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.

If the Supreme Court finds any referred part unconstitutional, the entire bill falls.

: If any pilgrim monk come from distant parts, if with wish as a guest to dwell in the monastery, and will be content with the customs which he finds in the place, and do not perchance by his lavishness disturb the monastery, but is simply content with what he finds: he shall be received, for as long a time as he desires.

If a non-probability survey conducted in the United States finds that 59 % percent of its respondents support a piece of legislation that is the only conclusion that can be drawn, no statement about the target population can be made.

If one measures by arc length one finds that the shortest path connecting two points lying entirely in the sphere is a segment of the great circle containing the points ; see geodesic.

If one finds a stranded whale corpse, one is in charge of holding the funeral for the " Lord " as if it was one's own parent.

If one finds that a given feature was there first, it cannot have originated at Rome.

If we are to believe what Cameron finds way down there, E. T.