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appeal and on
No matter how many registry rocks they came to on this journey, each one exerted its own appeal.
These lines never cease to haunt the book amidst all the exaltations of combat, and to make an appeal for a larger and more elemental human community than one based on the brutal necessities of war.
In the light of these circumstances, as well as the fact that the issue at trial in this respect centered entirely on the Department's recommendation, which petitioner repudiated but which both the appeal board and the courts below found supported by the record, we find no relevancy in the hearing officer's report and notes.
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 appeal of the suburb is particularly strong for heavy industry, which must move bulky objects along a lengthy assembly line and wants enough land area to do the entire job on one floor.
The aesthetic appeal of pure paint laid on at random may exist, but it is a very impoverished appeal.
The minister, describing the attacks which led up to the appeal, said that 60,000 Communist North Vietnamese were fighting royal army troops on one front -- near Thakhek, in southern-central Laos.
Two members of the Democratic-endorsed majority on the school board said they probably would vote to appeal a ruling by the state Board of Education, which said yesterday that the school committee acted improperly in its appointment of the coordinator, Francis P. Nolan 3rd, the Democratic-endorsed committee chairman, could not be reached for comment.
There are a great many bishops who have never had a cross on their bosom, nor a mitre on their head, who appeal not to the authority of the Pope at Rome, but to the Almighty Dollar, a pope much nearer home.
Journalist Noah Brooks reported, " No man ever before made such an impression on his first appeal to a New York audience.
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.
An appellate court is a court that hears cases on appeal from another court.
A party who files an appeal is called an " appellant ", " plaintiff in error ", " petitioner " or " pursuer ", and a party on the other side is called a " appellee ".
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.
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.
On direct appeal, a prisoner challenges the grounds of the conviction based on an error that occurred at trial or some other stage in the adjudicative process.
Some courts have samples of a notice of appeal on the court's own web site.
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.
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.

appeal and record
The United States legal system generally recognizes two types of appeals: a trial " de novo " or an appeal on the record.
* 1907 – Judge Kenesaw Mountain Landis fines Standard Oil of Indiana a record $ 29. 4 million for illegal rebating to freight carriers ; the conviction and fine are later reversed on appeal.
Chester Burton " Chet " Atkins ( June 20, 1924 – June 30, 2001 ) was an American guitarist and record producer who, along with Owen Bradley, created the smoother country music style known as the Nashville sound, which expanded country's appeal to adult pop music fans as well.
With country music record sales declining as rock and roll took over, Atkins and Bob Ferguson took their cue from Owen Bradley and eliminated fiddles and steel guitar as a means of making country singers appeal to pop fans.
In a settlement announced on May 10, 2011, the Air Force agreed to drop its appeal and remove Witt's discharge from her military record.
Sharman planned to appeal the Australian decision, but ultimately settled the case as part of its global settlement with the record labels and studios in the United States.
: e. g., " the composition of the record on appeal shall include the original papers and exhibits on file, the transcript of proceedings, and a certified copy of the docket entries ..."
) it is spoken of as a record from the arbitrament of which there was no appeal ( from which its popular name of Domesday is said to be derived ).
Appellate courts in the United States, unlike their civil law counterparts, are generally not permitted to correct mistakes concerning the facts of the case on appeal, only mistakes of law, or findings of fact with no support in the trial court record.
Davis ' moderate record made it difficult for him to appeal to the core constituency of the Democratic Party.
The Supreme Court, in November 1998, declined to hear an appeal by the record company of an earlier legal ruling giving the rights to the band.
* A writ of error is issued by an appellate court, and directs a lower court of record to submit its record of the case laid for appeal.
He noted, though, that Slash's guitar playing was " tame " and stated that the main problem of the album was the songwriting, though it was " still a passable, workmanlike record that will definitely appeal to fans of grimy, old-school hard rock.
Other widely mentioned elements of a SLAPP are the actual effectiveness at silencing critics, the timing of the suit, inclusion of extra or spurious defendants ( such as relatives or hosts of legitimate defendants ), inclusion of plaintiffs with no real claim ( such as corporations that are affiliated with legitimate plaintiffs ), making claims that are very difficult to disprove or rely on no written record, ambiguous or deliberately mangled wording that lets plaintiffs make spurious allegations without fear of perjury, refusal to consider any settlement ( or none other than cash ), characterization of all offers to settle as insincere, extensive and unnecessary demands for discovery, attempts to identify anonymous or pseudonymous critics, appeals on minor points of law, demands for broad rulings when appeal is accepted on such minor points of law, and attempts to run up defendants ' costs even if this clearly costs more to the plaintiffs.
In addition to the songwriting prowess of the writers and producers, one of the major factors in the widespread appeal of Motown's music was Gordy's practice of using a highly select and tight-knit group of studio musicians, collectively known as " The Funk Brothers ", to record the instrumental or " band " tracks of a majority of Motown recordings.
Due to the melodramatic appeal of her story, many fictionalized accounts of her life were written at the time and up to the present day, but the historical record is somewhat ignored and liberties are taken to maximize dramatic effect.
You can produce your own zine, record an album, publish your own book — the enduring appeal of this movement is that anyone can be an artist or creator.
In some classes of cases, after a determination by an inferior tribunal not of record, a party may take a first level appeal to a tribunal that is of record.
In most cases, this first level appeal is " trial de novo " ( or a ' hearing de novo ), in a tribunal of record.

appeal and from
Folding between his hands the cross that hung from his neck, he took his appeal direct to Headquarters.
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.
However, this Court put to one side without consideration the Government's appeal from the dismissal of its Sherman Act allegations.
Internal illumination, protected from the elements, gives them powerful visual appeal at night ; ;
The Attorney General of California concurs in this interpretation and has filed an appeal from these decisions to the District Court of Appeal.
The Third Circuit Court of Appeals is reviewing an appeal from the plan.
Says Wallace F. Jannsen, director of the FDA's Division of Public Information: `` Quacks are apt to direct their appeal directly to older people, or to sufferers from chronic ailments such as arthritis, rheumatism, diabetes, and cancer.
The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country.
The right to file an appeal can also vary from state to state ; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.
But in some jurisdictions, the state or prosecution may appeal " as of right " from a trial court's dismissal of an indictment in whole or in part or from a trial court's granting of a defendant's suppression motion.
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.
These proceedings are separate from the direct appeal.
An appeal from the post conviction court proceeds just as a direct appeal.
For example, the appellant might have to file the notice of appeal with the appellate court, or with the court from which the appeal is taken, or both.
The mandate is distinguished from the appeal court's opinion, which sets out the legal reasoning for its decision.
" A charter from the reign of his son Edward the Elder depicts Alfred as hearing one such appeal in his chamber, while washing his hands.
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.
A tension results from the risk that the necessity of transcendence, if taken too literally, would compromise AA's efforts to maintain a broad appeal.
Those who hold for the importance of episcopal apostolic succession appeal to the New Testament, which, they say, implies a personal apostolic succession ( from Paul to Timothy and Titus, for example ).

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