The preliminary proceeding gives each citizen, feeling unlawfully mistreated by an authority, the possibility to object and to force a review of an administrative act without going to court.

Disorderly, contemptuous, or insolent behaviour toward the judge or magistrates while holding the court, tending to interrupt the due course of a trial or other judicial proceeding, may be prosecuted as " direct " contempt.

Cases involving more than US $ 50 million in assets are almost always handled in federal bankruptcy court, and not in bankruptcy-like state proceeding.

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.

In the presence of a threshold issue that will ultimately decide a case, a court may elect to hear that issue rather than proceeding with a full-blown trial.

This court ( lagmannsretten ) is administered by a three-judge panel ( usually 1 lagmann and 2 lagdommere ), and if 7 or more jury members want to convict, the sentence is set in a separate proceeding, consisting of the three judges and the jury foreman ( lagrettens ordfører ) and three other members of the jury chosen by ballot.

A related concept is the jury, which can be regarded as a specialized form of militia convened to render a verdict in a court proceeding ( known as a petit jury or trial jury ) or to investigate a public matter and render a presentment or indictment ( grand jury ).

An initial appeal was rejected, but in a subsequent court proceeding in 1918, the birth control movement won a victory when Judge Frederick E. Crane of the New York Court of Appeals issued a ruling which allowed doctors to prescribe contraception.

Section 1 ( 4 ) applies in relation to proceedings before a relevant convention court under the European Patent Convention as it applies to a judicial proceeding in a tribunal of a foreign state.

* Strike from the record, request to erase previous testimony or a court proceeding from the record

The commonly heard request is " move to strike ", with the intent to erase previous testimony or court proceeding from record.

In common law systems, one feature that distinguishes an appellate proceeding from a trial de novo is that new evidence may not ordinarily be presented in an appeal, though there are rare instances when it may be allowed — usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court.

As stated in Brewer v. Williams,, the right to counsel “ at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment .” Brewer goes on to conclude that once adversary proceeding have begun against a defendant, he has a right to legal representation when the government interrogates him and that when a defendant is arrested, “ arraigned on arrest warrant before a judge ,” and “ committed by the court to confinement ,” “ here can be no doubt that judicial proceedings ha been initiated .”

# Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.

The court found that the instructions were worded in such a way that Andersen could have been convicted without any proof that the firm knew it had broken the law or that there had been a link to any official proceeding that prohibited the destruction of documents.

His statements in this respect call to mind the statements of US Supreme Court Chief Justice Harlan Fiske Stone who wrote " Chief US prosecutor Jackson is away conducting his high-grade lynching party in Nuremberg, I don't mind what he does to the Nazis, but I hate to see the pretense that he is running a court and proceeding according to common law.

Sometimes the testimony is provided in public or in a confidential setting ( e. g., grand jury or closed court proceeding ).

Many rights of criminal defendants in state courts arise under federal law, but federal courts only examine if the state courts applied those federal rights correctly on a direct appeal from the conviction to the U. S. Supreme Court, after state court direct appeals have been exhausted, or in a collateral attack on a conviction in a habeas corpus proceeding after all state court remedies ( usually including a state court habeas corpus proceeding ) have been exhausted.

The bankruptcy court then determines if the interrupted state court proceeding should be returned to state court for resolution, or should be resolved in a federal bankruptcy court adversarial proceeding, based upon the applicable bankruptcy law.

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

* Insult a judge or justice, witness or officers of the court

The following year, Constantine was again in England at Æthelstan's court, this time at Cirencester where he appears as a witness, appearing as the first of several subject kings, followed by Owen of Strathclyde and Hywel Dda, who subscribed to the diploma.

The lawyer may then ask the court to declare the person he or she has called to the stand a hostile witness.

If the court does so, the lawyer may thereafter ply the witness with leading questions during direct examination.

In Scots Law, Davie v Magistrates of Edinburgh ( 1953 ) provides authority that where a witness has particular knowledge or skills in an area being examined by the court, and has been called to court in order to elaborate on that area for the benefit of the court, that witness may give evidence of his opinion on that area.

In England and Wales, under the Civil Procedure Rules 1998 ( CPR ), an expert witness is required to be independent and address his or her expert report to the court.

Expert witnesses may be subpoenaed ( issued with a witness summons ), although this is normally a formality to avoid court date clashes.

The earliest known use of an expert witness in English law came in 1782, when a court that was hearing litigation relating to the silting-up of Wells harbour in Norfolk accepted evidence from a leading civil engineer, John Smeaton.

The French ambassadors, whose private galleries overlooked the tennis court, were witness to the display.

Vere immediately convenes a drumhead court-martial, at which, after serving as sole witness and as Billy's de facto counsel, Vere then urges the court to convict and sentence Billy to death.

Subsequently Dr. Dogra appeared in the court of Shri Mahesh Chandra as an expert witness ( PW-5 ), and his testimony lasted several sessions.

In 2009 a federal court of appeals in San Francisco found that Ashcroft could be sued and held personally responsible for the wrongful detention of material witness Abdullah al-Kidd – an American citizen arrested in March 2003 and held for 13 months in maximum security to be used as a witness in the trial of Sami Omar Al-Hussayen ( who himself was acquitted of all charges of supporting terrorism ).

However, the court must take care to be sure that the examining attorney is not coaching the witness through leading questions.

" The whole court rises and looks expectantly at the witness entrance door, obviously expecting the Spanish Inquisition to appear.

In the last week of April 1555, Elizabeth was released from house arrest, and called to court as a witness to the birth, which was expected imminently.

For similar reasons, Barker and other scholars have criticized mental health professionals like Margaret Singer for accepting lucrative expert witness jobs in court cases involving NRMs.

This created a storm of public protest, compounded when Buck was called as a witness to the trial and repeated the allegations in open court.

If any such witness refuses to testify, that witness may be compelled to do so by the court at the request of the defendant.

In The Publick Spirit of the Whigs, it may be noted, Swift himself contemptuously dismissed Steele's reference to his friend at court: `` I suppose by the Style of old Friend, and the like, it must be some Body there of his own Level ; ;

A court may strike down a law on the basis of an intuitive feeling that the law is inimical to the numerical majority.

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 ; ;

`` The statements may be highly prejudicial to my client '', Bellows told the court.

`` Actually, the abuse of the process may have constituted a contempt of the Criminal court of Cook county, altho vindication of the authority of that court is not the function of this court '', said Karns, who is a City judge in East St. Louis sitting in Cook County court.

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 appeal " by leave " or " permission " requires the appellant to obtain leave to appeal ; in such a situation either or both of the lower court and the appellate court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.

Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law " by leave " from the trial court and / or the appellate court.

However, certain critical interlocutory court orders, such as the denial of a request for an interim injunction, or an order holding a person in contempt of court, can be appealed immediately although the case may otherwise not have been fully disposed of.

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.

In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.

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.

It may, in addition, send the case back (" remand " or " remit ") to the lower court for further proceedings to remedy the defect.

In some cases, an appellate court may review a lower court decision " de novo " ( or completely ), challenging even the lower court's findings of fact.